Comparative Capital Punishment
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Comparative Capital Punishment

Edited by Carol S. Steiker and Jordan M. Steiker

Comparative Capital Punishment offers a set of in-depth, critical and comparative contributions addressing death practices around the world. Despite the dramatic decline of the death penalty in the last half of the twentieth century, capital punishment remains in force in a substantial number of countries around the globe. This research handbook explores both the forces behind the stunning recent rejection of the death penalty, as well as the changing shape of capital practices where it is retained. The expert contributors address the social, political, economic, and cultural influences on both retention and abolition of the death penalty and consider the distinctive possibilities and pathways to worldwide abolition.
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Chapter 14: Undoing the British colonial legacy: the judicial reform of the death penalty

Saul Lehrfreund

Abstract

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.

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