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The Global Decline of the Mandatory Death Penalty

The Global Decline of the Mandatory Death Penalty Author Andrew Novak
ISBN-10 9781317030270
Release 2016-03-16
Pages 200
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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.



Comparative Executive Clemency

Comparative Executive Clemency Author Andrew Novak
ISBN-10 9781317602651
Release 2015-08-20
Pages 204
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Virtually every constitutional order in the common law world contains a provision for executive clemency or pardon in criminal cases. This facility for legal mercy is not limited to a single place in modern legal systems, but is instead realized through various practices such as a law enforcement officer’s decision to arrest, a prosecutor’s decision to prosecute, and a judge’s decision to convict and sentence. Doubts about legal mercy in any form as unfair, unguided, or arbitrary are as ubiquitous as the exercise of mercy itself. This book presents a comparative analysis of the clemency and pardon power in the common law world. Andrew Novak compares the modern development, organization, and practice of constitutional and statutory schemes of clemency and pardon in the United Kingdom, United States, and Commonwealth jurisdictions. He asks whether the bureaucratization of the clemency power is in line with global trends, and explores how innovations in legislative involvement, judicial review, and executive consultation have made the mercy and pardon procedure more transparent. The book concludes with a discussion on the future of the clemency and pardon power given the decline of the death penalty in the Commonwealth and the rise of the modern institution of parole. As a work concerned with the practice of mercy in the common law world, this book will be of great interest to researchers and students of international and comparative criminal justice and international human rights law.



The Death Penalty in Africa Foundations and Future Prospects

The Death Penalty in Africa  Foundations and Future Prospects Author A. Novak
ISBN-10 9781137438775
Release 2014-04-16
Pages 122
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In recent years the death penalty has sharply declined across Africa, but this trend belies actual public opinion and the retributivist sentiments held by political elites. This study explains capital punishment in Africa in terms of culturally specific notions of life and death as well as the colonial-era imposition of criminal and penal policy.



The International Criminal Court

The International Criminal Court Author Andrew Novak
ISBN-10 9783319158327
Release 2015-03-11
Pages 116
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This book is about the International Criminal Court (ICC), a new and highly distinctive criminal justice institution with the ability to prosecute the highest-level government officials, including heads of state, even in countries that have not accepted its jurisdiction. The book explores the historical development of international criminal law and the formal legal structure created by the Rome Statute, against the background of the Court’s search for objectivity in a political global environment. The book reviews the operations of the Court in practice and the Court’s position in the power politics of the international system. It discusses and clarifies all stages of an international criminal proceeding from the opening of the investigation to sentencing, reparations, and final appeals in the context of its restorative justice mission. Making appropriate comparisons and contrasts between the international criminal justice system and domestic and national systems, the book fills a gap in international criminal justice study.



Legal Aspects of HIV AIDS

Legal Aspects of HIV AIDS Author
ISBN-10 9780821371060
Release 2007
Pages 225
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This is an invaluable resource for lawyers, policy makers, and other practitioners with an interest in countries' responses to HIV/AIDS. Legal Aspects of HIV/AIDS: A Guide for Policy and Law Reform covers 65 wide-ranging topics in a concise, accessible format, explaining how laws and regulations can either underpin or undermine public health programs and responsible personal behavior. For each topic, the Guide summarizes the key legal or policy issues, provides relevant "practice examples" (citing actual laws and regulations), and offers a selective list of references that may be consulted for more information. Laws relating to many areas of our lives - from intimate physical conduct to international travel - can contribute to stigma, discrimination, and exclusion or, contrariwise, can help remedy these inequities. In order to create a supportive legal framework for responding to HIV/AIDS, it is important that governments effectively address gaps and other problematic aspects in their legislation and regulatory systems. This book, written by a team of leading legal experts, helps them do so.



Moving Away from the Death Penalty

Moving Away from the Death Penalty Author Ivan Šimonović
ISBN-10 9211542154
Release 2015-10-23
Pages 212
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Capital punishment is irrevocable. It prohibits the correction of mistakes by the justice system and leaves no room for human error, with the gravest of consequences. There is no evidence of a deterrent effect of the death penalty. Those sacrificed on the altar of retributive justice are almost always the most vulnerable. This book covers a wide range of topics, from the discriminatory application of the death penalty, wrongful convictions, proven lack of deterrence effect, to legality of the capital punishment under international law and the morality of taking of human life.



Death Penalty A Cruel and Inhuman Punishment

Death Penalty  A Cruel and Inhuman Punishment Author Luis Arroyo Zapatero
ISBN-10 9788490441138
Release 2015-01-20
Pages 144
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Death penalty: A cruel and inhuman punishment is an academic contribution by Academics for abolition aimed at fostering the debate launched by the United Nations General Assembly in its resolution 62/149 on 18 December 2007, calling for a worldwide moratorium on executions by 2015, and continued by the upcoming review process of the UN’s Millennium Development Goals (MDG). It is mainly a compilation of papers written by the speakers at the Seminar “Against cruel and inhuman punishment and death penalty”, which took place at the Real Academia de Bellas Artes de San Fernando, in Madrid, on 9 June 2013, on the eve of the 5th World Congress against the death penalty. The book deals with current issues of the process towards abolition as the lack of evidence about the deterrence effect of death penalty and its consideration as a cruel and inhuman punishment. Together with the editors, the contribution includes studies, among others, of H.J. Albrecht, Gabrio Forti, Roger Hood, Salim Himnat and Sergio García Ramírez. The Academic International Network against the Death Penalty (REPECAP) dedicates this book to the International Commission against the Death Penalty (ICDP) chaired by Federico Mayor Zaragoza.



WHO Resource Book on Mental Health Human Rights and Legislation

WHO Resource Book on Mental Health  Human Rights and Legislation Author Melvyn Freeman
ISBN-10 924156282X
Release 2005
Pages 181
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This publication highlights key issues and principles to be considered in the drafting, adoption and implementation of mental health legislation and best practice in mental health services. It contains examples of diverse experiences and practices, as well as extracts of laws and other legal documents from a range of different countries, and a checklist of key policy components. Three main elements of effective mental health legislation are identified, relating to context, content and process.



Unconstitutional Constitutional Amendments

Unconstitutional Constitutional Amendments Author Yaniv Roznai
ISBN-10 9780198768791
Release 2017-02-16
Pages 368
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Can constitutional amendments be unconstitutional? The problem of 'unconstitutional constitutional amendments' has become one of the most widely debated issues in comparative constitutional theory, constitutional design, and constitutional adjudication. This book describes and analyses the increasing tendency in global constitutionalism substantively to limit formal changes to constitutions. The challenges of constitutional unamendability to constitutional theory become even more complex when constitutional courts enforce such limitations through substantive judicial review of amendments, often resulting in the declaration that these constitutional amendments are 'unconstitutional'. Combining historical comparisons, constitutional theory, and a wide comparative study, Yaniv Roznai sets out to explain what the nature of amendment power is, what its limitations are, and what the role of constitutional courts is and should be when enforcing limitations on constitutional amendments.



African Challenge to Global Death

African Challenge to Global Death Author Andrew Novak
ISBN-10 1780682948
Release 2016-06-14
Pages 220
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Although the influence and opinions of political elites, civil society, and the general public vary widely, the death penalty is universally in decline throughout Sub-Saharan Africa. Today, the death penalty is a site of accommodation and resistance to international human rights norms between African governments and the Global North. As in debates over membership in the International Criminal Court and legal protections for sexual minorities, some leaders resist death penalty abolition as "imposed" by the Global North, though the modern death penalty in Africa is a product of European colonialism. However, Sub-Saharan Africa is not a passive subject of global death penalty abolition driven by Europe. Courts around the continent have made important contributions to global death penalty jurisprudence, and members of civil society have engaged in novel and successful strategies against the death penalty. In addition, precolonial notions of punishment and criminal responsibility in Africa have influenced debates over the death penalty, including whether to provide compensation to victims of crime. This book explores the African contribution to the global death penalty debate and lessons for the international death penalty abolition movement. [Subject: ?African Law, Human Rights Law, Criminal Law, Penology



Sexual Health Human Rights and the Law

Sexual Health  Human Rights and the Law Author World Health Organization
ISBN-10 9241564989
Release 2015-06-17
Pages 72
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This report demonstrates the relationship between sexual health, human rights and the law. Drawing from a review of public health evidence and extensive research into human rights law at international, regional and national levels, the report shows how states in different parts of the world can and do support sexual health through legal and other mechanisms that are consistent with human rights standards and their own human rights obligations.



Plunder

Plunder Author Ugo Mattei
ISBN-10 9780470695807
Release 2008-04-30
Pages 296
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Plunder examines the dark side of the Rule of Law and explores how it has been used as a powerful political weapon by Western countries in order to legitimize plunder – the practice of violent extraction by stronger political actors victimizing weaker ones. Challenges traditionally held beliefs in the sanctity of the Rule of Law by exposing its dark side Examines the Rule of Law's relationship with 'plunder' – the practice of violent extraction by stronger political actors victimizing weaker ones – in the service of Western cultural and economic domination Provides global examples of plunder: of oil in Iraq; of ideas in the form of Western patents and intellectual property rights imposed on weaker peoples; and of liberty in the United States Dares to ask the paradoxical question – is the Rule of Law itself illegal?



Transformative Constitutionalism

Transformative Constitutionalism Author Oscar Vilhena
ISBN-10 1920538232
Release 2013
Pages 667
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Transformative Constitutionalism has been writing in one form or another for most of life. You can find so many inspiration from Transformative Constitutionalism also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Transformative Constitutionalism book for free.



Access to Justice in Africa and Beyond

Access to Justice in Africa and Beyond Author
ISBN-10 1601560168
Release 2007-01-01
Pages 305
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Access to Justice in Africa and Beyond has been writing in one form or another for most of life. You can find so many inspiration from Access to Justice in Africa and Beyond also informative, and entertaining. Click DOWNLOAD or Read Online button to get full Access to Justice in Africa and Beyond book for free.



Enhancing Urban Safety and Security

Enhancing Urban Safety and Security Author United Nations Human Settlements Programme
ISBN-10 9781844074754
Release 2007
Pages 448
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Enhancing Urban Safety and Security addresses three major threats to the safety and security of cities: crime and violence; insecurity of tenure and forced evictions; and natural and human-made disasters. It analyses worldwide trends with respect to each of these threats, paying particular attention to their underlying causes and impacts, as well as to the good policies and best practices that have been adopted at the city, national and international levels in order to address these threats. The report adopts a human security perspective, concerned with the safety and security of people rather than of states, and highlights issues that can be addressed through appropriate urban policy, planning, design and governance.



Constituting Equality

Constituting Equality Author Susan H. Williams
ISBN-10 9781139481267
Release 2009-07-31
Pages
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Constituting Equality addresses the question, how would you write a constitution if you really cared about gender equality? The book takes a design-oriented approach to the broad range of issues that arise in constitutional drafting concerning gender equality. Each section of the book examines a particular set of constitutional issues or doctrines across a range of different countries to explore what works, where, and why. Topics include: governmental structure (particularly electoral gender quotas); rights provisions; constitutional recognition of cultural or religious practices that discriminate against women; domestic incorporation of international law; and the role of women in the process of constitution making. Interdisciplinary in orientation and global in scope, the book provides a menu for constitutional designers and others interested in how the fundamental legal order might more effectively promote gender equality.



The Nine

The Nine Author Jeffrey Toobin
ISBN-10 9780307472892
Release 2008-09-30
Pages 480
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Acclaimed journalist Jeffrey Toobin takes us into the chambers of the most important—and secret—legal body in our country, the Supreme Court, revealing the complex dynamic among the nine people who decide the law of the land. An institution at a moment of transition, the Court now stands at a crucial point, with major changes in store on such issues as abortion, civil rights, and church-state relations. Based on exclusive interviews with the justices and with a keen sense of the Court’s history and the trajectory of its future, Jeffrey Toobin creates in The Nine a riveting story of one of the most important forces in American life today.