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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.

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.

Reclaiming the Land

Reclaiming the Land Author Sam Moyo
ISBN-10 9781848137653
Release 2013-07-04
Pages 432
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Rural movements have recently emerged to become some of the most important social forces in opposition to neoliberalism. From Brazil and Mexico to Zimbabwe and the Philippines, rural movements of diverse political character, but all sharing the same social basis of dispossessed peasants and unemployed workers, have used land occupations and other tactics to confront the neoliberal state. This volume brings together for the first time across three continents - Africa, Latin America and Asia - an intellectually consistent set of original investigations into this new generation of rural social movements. These country studies seek to identify their social composition, strategies, tactics, and ideologies; to assess their relations with other social actors, including political parties, urban social movements, and international aid agencies and other institutions; and to examine their most common tactic, the land occupation, its origins, pace and patterns, as well as the responses of governments and landowners. At a more fundamental level, this volume explores the ways in which two decades of neoliberal policy - including new land tenure arrangements intended to hasten the commodification of land, and new land uses linked to global markets -- have undermined the social reproduction of the rural labour force and created the conditions for popular resistance. The volume demonstrates the longer-term potential impact of these movements. In economic terms, they raise the possibility of tackling immiseration by means of the redistribution of land and the reorganisation of production on a more efficient and socially responsible basis. And in political terms, breaking the power of landowners and transnational capital with interests in land could ultimately open the way to an alternative pattern of capital accumulation and development.

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.

Gender and Economic Growth in Kenya

Gender and Economic Growth in Kenya Author
ISBN-10 9780821369203
Release 2007
Pages 120
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This book examines the legal, administrative, and regulatory barriers that are preventing women in Kenya from contributing fully to the Kenyan economy. Building on the 2004 FIAS Improving the Commercial Legal Framework and Removing Administrative and Regulatory Barriers to Investment report, this study looks at the bureaucratic barriers facing women in Kenya through a gender lens.

Death Penalty

Death Penalty Author JoAnn Bren Guernsey
ISBN-10 9780761340799
Release 2009-09-01
Pages 160
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Discusses the history of execution, the process from sentencing to execution, moral issues involved in the death penalty, arguments for and against it, and the shrinking number of countries with it.

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


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?

When the State No Longer Kills

When the State No Longer Kills Author Sangmin Bae
ISBN-10 9780791479476
Release 2012-02-01
Pages 194
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Why some countries comply with international norms against the death penalty while others do not.

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.

The Global Competitiveness Report 2004 2005

The Global Competitiveness Report 2004 2005 Author Michael E. Porter
ISBN-10 1403949131
Release 2004-12-03
Pages 624
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The World Economic Forum's annual Global Competitiveness Report evaluates the potential for sustained economic growth of over 100 economies and ranks them accordingly. Since it first release in 1979, the Report has become the most authoritative and comprehensive study of its type. The 2004-2005 Report Contains: *Detailed country competitiveness provides of 104 economies *Data tables for survey and hard data variable ranking profiled economies *Complementary global rankings: the Growth Competitiveness Index (GCI) and the Business Competitiveness Index (BCI), measuring growth and productivity respectively *Exclusive Data from the Executive Onion Survey, with over 8,700 responses from business leaders worldwide. Produced in collaboration with a distinguished group of international scholars and a global network of over 100 leading national research institutes and business organizations, the Report also showcases the latest thinking and research on issues of immediate relevance for business leaders and policy-makers.

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.

Court Performance Around the World

Court Performance Around the World Author Maria Dakolias
ISBN-10 0821344366
Release 1999-01-01
Pages 58
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World Bank Technical Paper no. 430.QUOTEMany countries are undertaking legal and judicial reforms as part of their overall development programs; there is increasing recognition that economic and social progress requires consolidation of democracy as well as respect for the rule of law and human rights; without these development is not sustainable.QUOTEMany developing countries find that their judiciaries are inconsistent in conflict resolution and carry a large backlog of cases, thus stifling private-sector growth, eroding individual and property rights, and perhaps even violating human rights. Delays affect both the fairness and the efficiency of the system. They impede the public's access to the courts, which, in effect, weakens democracies, the rule of law and the ability to enforce human rights. This paper aims to describe and explain the performance of court systems in a sample of developing and developed countries in order to provide data to those designing or evaluating reforms. The study also seeks to show areas in which international comparison of judicial performance can be fruitful, suggesting indicators that can be used in such comparisons. Finally, it endeavors to provide comparisons of performance within individual countries over time.

Eliminating corporal punishment

Eliminating corporal punishment Author Stuart N. Hart
ISBN-10 STANFORD:36105121900059
Release 2005
Pages 162
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In at least 60 states, beating children with sticks, belts and other implements is still authorized in schools. This publication is a tool for those who want to prevent the widespread practice of corporal punishment by educating parents, teachers and other professionals in the alternatives for disciplining children. Based on studies undertaken in different parts of the world, it clarifies the human rights imperative and logical dictates regarding the elimination of corporal punishment. The full text of the UN Convention on the Rights of the Child is also included. The book details practical steps for more constructive and effective child discipline and ongoing support material for long-term change.--Publisher's description.