Edited by Carol S. Steiker and Jordan M. Steiker
Chapter 14: Undoing the British colonial legacy: the judicial reform of the death penalty
This Chapter traverses the history of the death penalty in former British colonies and illuminates the role of the Judicial Committee of the Privy Council in developing and refining some of the key constitutional principles that have come to restrict the imposition and application of the death penalty. It provides a comprehensive analysis of the colonial death penalty regime, its legacy throughout many Commonwealth countries and the development of post-independence constitutions. The author examines the role of the judiciary during the post-independence period, revealing a culture of judicial abstinence protecting the colonial status quo. The author illustrates how the impact of international human rights obligations came to influence the approach adopted by the Judicial Committee of the Privy Council and to ameliorate the severity of the colonial death penalty regime. In so doing, he evaluates the harmonisation of domestic and international human rights standards, the creation of a new legal order through a judicial interventionist approach, and the precipitation of worldwide constitutional jurisprudence that has brought the application of the death penalty in closer conformity with international human rights norms.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.