Jump to ContentJump to Main Navigation
Appraising Strict Liability$
Users without a subscription are not able to see the full content.

Andrew Simester

Print publication date: 2005

Print ISBN-13: 9780199278510

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199278510.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 August 2019

Imposing Constitutional Limits on Strict Liability: Lessons from the American Experience

Imposing Constitutional Limits on Strict Liability: Lessons from the American Experience

Chapter:
(p.219) 9 Imposing Constitutional Limits on Strict Liability: Lessons from the American Experience
Source:
Appraising Strict Liability
Author(s):

Alan C. Michaels

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199278510.003.0009

This chapter focuses on the American answer to the question: when is strict liability constitutional? and the possible lessons for English law as the Human Rights Act 1998 gives it “a source of ‘higher law’ that can be used as a benchmark of the constitutionality of criminal legislation”. Decisions regarding the constitutionality of strict liability in the United States fit with a principle of ‘constitutional innocence’. Under that principle, strict liability crimes are constitutional when, but only when, the other elements of the offence, with the strict liability element excluded, would themselves be constitutional. With adoption of the Human Rights Act 1998, strict liability in England could be subjected to analogous limitations under the same principle, with the European Convention on Human Rights playing the role of the United States Constitution.

Keywords:   strict liability, criminal law, criminal liability, English law, Human Rights Act of 1998, American law, constitutional law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .