Capital Punishment In The Bahamas The Privy Councils Moratorium
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| Author | : Dr. Michael D. Toote |
| Publisher | : Author House |
| Total Pages | : 143 |
| Release | : 2013-06-20 |
| Genre | : Education |
| ISBN | : 1456798847 |
Capital punishment is a debate that grips civil society anew with every incidence of homicide. The cry from a majority of stakeholders is a desperate plea to enforce the death penalty which has been derogated by the courts, at home and abroad. The abatement of capital punishment takes place amidst a tidal wave of unrelenting crimes against the person, namely murder. The branches of government seem bereft at best to provide a remedy and at worse unable to enforce the law as it relates capital punishment in the Bahamas. Added to this is an uneasy public whose trust in the executive, legislative and judicial branches of government is noticeably waning. Additionally, outside forces, led by abolitionists, are bearing down on the Bahamas with a view of nudging the nation and the Caribbean into an era of life imprisonment for murder as opposed to death by hanging as its penalty. Toote sets forth these issues with striking clarity, offering practical remedies to help settle the controversy surrounding the death penalty in the Bahamas and the Caribbean. 'Capital Punishment in the Bahamas and the Caribbean' in light of the Privy Council's moratorium is required reading for all who desire an appreciation of the subject of capital punishment, including students, religious leaders and professionals in the legal arena.
| Author | : Harold A. Young |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 161 |
| Release | : 2020-07-31 |
| Genre | : Law |
| ISBN | : 1498586953 |
Countries that have a domestic final appellate court have established a judicial institution over which they have control as part of the policymaking governing structure and how they view other existing and emerging extraterritorial courts will be influenced by their perception of the court and the role it will play when the policies of the governing coalition are challenged. This book analyzes that phenomenon in terms of the broader construction and understanding of the state in the era of international law, legal tribunals, and globalization. By zooming in on the Judicial Committee of the Privy Council (JCPC), an ancient colonial court, Harold Young examines how the Caribbean Community, specifically, the 15 former British colonies comprising the Caribbean Basin are navigating their changing political environments and transitioning to its own extraterritorial court, the Caribbean Court of Justice. Using historical reviews, descriptive analyses, and statistical methodologies Young finds that the choice to retain the JCPC at independence is influenced by the colonial experience, the length of colonial rule, and how deeply embedded the JCPC is on the governing structures of the new state.
| Author | : Juliette Storr |
| Publisher | : Rowman & Littlefield |
| Total Pages | : 311 |
| Release | : 2023 |
| Genre | : Social Science |
| ISBN | : 1666918172 |
This book examines sexual power dynamics, long-held patriarchal values, and other harmful attitudes toward women in The Bahamas and Caribbean through the lens of media and law. Though gender politics is pushing these societies toward inclusivity, Storr, adopting a phenomenological framework, argues that, as sites of both reinforcement and resistance to misogynistic norms, future progress must focus on deconstructing the inequitable social institutions underlying unhealthy gender relations.
| Author | : Hans Göran Franck |
| Publisher | : BRILL |
| Total Pages | : 175 |
| Release | : 2021-09-13 |
| Genre | : Law |
| ISBN | : 9004480277 |
In this volume, Swedish human rights activist and political figure, Hans Göran Franck, examines the administration of the death penalty from a historical perspective. The author's opinions are based on his lifelong work and devotion to abolishing the 'barbaric punishment'. Building upon previously unpublished material and considerable detail drawn from Franck's personal experiences, it focuses on both the progressive developments within European countries and institutions over several decades, and the frustratingly retrograde situation that prevails in the United States. The author dedicated this book to those facing a sentence of death. During the course of his work, the author traveled to numerous countries and met many condemned men and women. Publication of this important volume, which comes a few years after Hans Göran Franck's untimely passing, coincides with a major development to which he contributed, the adoption of Protocol No. 13 to the European Convention on Human Rights, which abolishes capital punishment in both wartime and peacetime. William A. Schabas a law professor who specializes in the subject of capital punishment, has ensured that the manuscript is up to date, and contributed the introductory chapter.
| Author | : Jon Yorke |
| Publisher | : Routledge |
| Total Pages | : 495 |
| Release | : 2016-12-05 |
| Genre | : Law |
| ISBN | : 1351960288 |
This edited volume brings together leading scholars on the death penalty within international, regional and municipal law. It considers the intrinsic elements of both the promotion and demise of the punishment around the world, and provides analysis which contributes to the evolving abolitionist discourse. The contributors consider the current developments within the United Nations, the Council of Europe, the African Commission and the Commonwealth Caribbean, and engage with the emergence of regional norms promoting collective restriction and renunciation of the punishment. They investigate perspectives and questions for retentionist countries, focusing on the United States, China, Korea and Taiwan, and reveal the iniquities of contemporary capital judicial systems. Emphasis is placed on the issues of transparency of municipal jurisdictions, the jurisprudence on the 'death row phenomenon' and the changing nature of public opinion. The volume surveys and critiques the arguments used to scrutinize the death penalty to then offer a detailed analysis of possible replacement sanctions.
| Author | : Mark W. Janis |
| Publisher | : |
| Total Pages | : 1015 |
| Release | : 2008 |
| Genre | : Law |
| ISBN | : 019927746X |
The third edition of European Human Rights Law: Text and Materials has been substantially expanded to provide a complete review of the wide range of rights the Convention protects, with new chapters on the right to life, property, discrimination, religious freedom, and education. The book introduces both the process and the substance of this increasingly important area of European law. A broad selection of extracts from essential cases and materials is accompanied by stimulating commentary that guides the reader through the legal rules and court system that have evolved in Strasbourg, how the court works, and how European human rights law is enforced both at the national and international level. European human rights law is also placed into a useful comparative framework alongside human rights cases decided by courts in the United States, Canada, and elsewhere. This third edition has been extensively updated to cover the major developments of recent years, including the reform of the European Court of Human Rights and the expansion of the system to central and eastern Europe.
| Author | : Alan William Clarke |
| Publisher | : UPNE |
| Total Pages | : 264 |
| Release | : 2007 |
| Genre | : Law |
| ISBN | : 9781555536824 |
A study of the increasing international opposition to and growing domestic disaffection from the death penalty in America
| Author | : Peter Hodgkinson |
| Publisher | : Cambridge University Press |
| Total Pages | : 392 |
| Release | : 2004-02-05 |
| Genre | : Social Science |
| ISBN | : 1139449591 |
What are the critical factors that determine whether a country replaces, retains or restores the death penalty? Why do some countries maintain the death penalty in theory but in reality rarely invoke it? By asking these questions, the editors hope to isolate the core issues that influence the formulation of legislation so that they can be incorporated into strategies for advising governments considering changes to their policy on capital punishment. They also seek to redress the imbalance in research, which tends to focus almost exclusively on the experience of the USA, by covering a range of countries such as South Korea, Lithuania, Japan and the British Caribbean Commonwealth. This valuable contribution to the debates around capital punishment contains contributions from leading academics, campaigners and legal practitioners and will be an important resource for students, academics, NGOs, policy makers, lawyers and jurists.
| Author | : Richard Albert |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 753 |
| Release | : 2020-04-09 |
| Genre | : Law |
| ISBN | : 0198793049 |
The Oxford Handbook of Caribbean Constitutions offers a detailed and analytical view of the constitutions of the Caribbean region, examining the constitutional development of its diverse countries. The Handbook explains the features of the region's constitutions and examines themes emerging from the Caribbean's experience with constitutional interpretation and reform.0Part I, 'Caribbean Constitutions in the World', highlights what is distinctive about the constitutions of the Caribbean. Part II covers the constitutions of the Caribbean in detail, offering a rich analysis of the constitutional history, design, controversies, and future challenges in each country or group of countries. Each chapter in this section addresses topics such as the impact of key historical and political events on the constitutional landscape for the jurisdiction, a systematic account of the interaction between the legislature and the executive, the civil service, the electoral system,0and the independence of the judiciary.0Part III addresses fundamental rights debates and developments in the region, including the death penalty and socio-economic rights. Finally, Part IV features critical reflections on the challenges and prospects for the region, including the work of the Caribbean Court of Justice and the future of constitutional reform.0This is the first book of its kind, bringing together in a single volume a comprehensive review of the constitutional development of the entire Caribbean region, from the Bahamas in the north to Guyana and Suriname in South America, and all the islands in between. While written in English, the book embraces the linguistic and cultural diversity of the region, and covers the Anglophone Caribbean as well as the Spanish-, French-, and Dutch-speaking Caribbean countries.
| Author | : Andrew Novak |
| Publisher | : Routledge |
| Total Pages | : 195 |
| Release | : 2016-03-16 |
| Genre | : Political Science |
| ISBN | : 1317030281 |
Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resulting legislative reform in the Caribbean, Sub-Saharan Africa, and South and Southeast Asia, focusing on the rapid retreat of the mandatory death penalty in the Commonwealth over the last thirty years. The coordinated mandatory death penalty challenges - which have had the consequence of greatly reducing the world’s death row population - represent a case study of how a small group of lawyers can sponsor human rights litigation that incorporates international human rights law into domestic constitutional jurisprudence, ultimately harmonizing criminal justice regimes across borders. This book is essential reading for anyone interested in the study and development of human rights and capital punishment, as well as those exploring the contours of comparative criminal justice.
