The Global Decline Of The Mandatory Death Penalty Constitutional Jurisprudence And Legislative Reform In Africa Asia And The Caribbean

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The Global Decline of the Mandatory Death Penalty Constitutional Jurisprudence and Legislative Reform in Africa, Asia, and the Caribbean

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Author by : Andrew Novak
Languange Used : English, France, Spanish, Italia and chinese
Page : 200
Isbn : 1317030273
Identifier : 9781317030270
Release : 2016-03-16
Publisher by : Routledge
Category : Political Science
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Description : Read Now The Global Decline Of The Mandatory Death Penalty by Andrew Novak and you can download with pub, pdf, txt, doc, and more file format with free account. 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.

The Death Penalty A Worldwide Perspective

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Author by : Roger Hood
Languange Used : English, France, Spanish, Italia and chinese
Page : 597
Isbn : 019870173X
Identifier : 9780198701736
Release : 2015
Publisher by : Oxford University Press, USA
Category : Law
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Description : Read Now The Death Penalty by Roger Hood and you can download with pub, pdf, txt, doc, and more file format with free account. the fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. the majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. emphasizing the impact of international human rights principles and evidence of abuse, the authors examine how this has fueled challenges to the death penalty and they analyze and appraise the likely obstacles, political and cultural, to further abolition. they discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. they provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns. this edition provides a strong intellectual and evidential basis for regarding capital punishment as undeniably cruel, inhuman and degrading. widely relied upon and fully updated to reflect the current state of affairs worldwide, this is an invaluable resource for all those who study the death penalty and work towards its removal as an international goal.

The Death Penalty in Africa: Foundations and Future Prospects

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Author by : A. Novak
Languange Used : English, France, Spanish, Italia and chinese
Page : 122
Isbn : 1137438770
Identifier : 9781137438775
Release : 2014-04-16
Publisher by : Springer
Category : Social Science
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Description : Read Now The Death Penalty In Africa Foundations And Future Prospects by A. Novak and you can download with pub, pdf, txt, doc, and more file format with free account. 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 An Introduction

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Author by : Andrew Novak
Languange Used : English, France, Spanish, Italia and chinese
Page : 116
Isbn : 3319158325
Identifier : 9783319158327
Release : 2015-03-11
Publisher by : Springer
Category : Social Science
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Description : Read Now The International Criminal Court by Andrew Novak and you can download with pub, pdf, txt, doc, and more file format with free account. 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.

Comparative Executive Clemency The Constitutional Pardon Power and the Prerogative of Mercy in Global Perspective

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Author by : Andrew Novak
Languange Used : English, France, Spanish, Italia and chinese
Page : 204
Isbn : 131760265X
Identifier : 9781317602651
Release : 2015-08-20
Publisher by : Routledge
Category : Law
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Description : Read Now Comparative Executive Clemency by Andrew Novak and you can download with pub, pdf, txt, doc, and more file format with free account. 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.

Commonwealth Caribbean Law and Legal Systems

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Author by : Rose-Marie Belle Antoine
Languange Used : English, France, Spanish, Italia and chinese
Page : 488
Isbn : 113533384X
Identifier : 9781135333843
Release : 2008-06-03
Publisher by : Routledge
Category : Law
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Description : Read Now Commonwealth Caribbean Law And Legal Systems by Rose-Marie Belle Antoine and you can download with pub, pdf, txt, doc, and more file format with free account. fully updated and revised to fit in with the new laws and structure in the commonwealth caribbean law and legal systems, this new edition examines the institutions, structures and processes of the law in the commonwealth caribbean. the author explores: - the court system and the new caribbean court of justice which replaces appeals to the privy council - the offshore financial legal sector - caribbean customary law and the rights of indigenous peoples - the constitutions of commonwealth caribbean jurisdictions and human rights - the impact of the historical continuum to the region's jurisprudence including the question of reparations - the complexities of judicial precedent for caribbean peoples - international law as a source of law - alternative dispute mechanisms and the ombudsman effortlessy combining discussions of traditional subjects with those on more innovative subject areas, this book is an exciting exposition of caribbean law and legal systems for those studying comparative law.

Codification, Macaulay and the Indian Penal Code The Legacies and Modern Challenges of Criminal Law Reform

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Author by : Dr Wing-Cheong Chan
Languange Used : English, France, Spanish, Italia and chinese
Page : 396
Isbn : 1409497666
Identifier : 9781409497660
Release : 2013-02-28
Publisher by : Ashgate Publishing, Ltd.
Category : Law
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Description : Read Now Codification Macaulay And The Indian Penal Code by Dr Wing-Cheong Chan and you can download with pub, pdf, txt, doc, and more file format with free account. enacted in 1860, the indian penal code is the longest serving and one of the most influential criminal codes in the common law world. this book commemorates its one hundred and fiftieth anniversary and honours the law reform legacy of thomas macaulay, the principal drafter of the code. the book comprises chapters which examine the general principles of criminal responsibility from the perspective of macaulay, and from more recent accounts by lawmakers and reformers. these are framed by chapters that examine the history and conceptual underpinnings of macaulay's code, consider the need to revitalize the indian penal code, and review the current challenges of principled criminal law reform and codification. this book is a valuable reference on the indian penal code, and current debates about general principles of criminal law for legal academics, judges, legal practitioners and criminal law reformers. it also promises to have wider scholarly appeal, of interest to legal theorists, historians and policy specialists.

Death Penalty and the Victims

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Author by : Ivan Mr Imonovi?
Languange Used : English, France, Spanish, Italia and chinese
Page : 380
Isbn : 9789211542172
Identifier : 9211542170
Release : 2016-10-05
Publisher by : UN
Category : Political Science
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Description : Read Now Death Penalty And The Victims by Ivan Mr Imonovi? and you can download with pub, pdf, txt, doc, and more file format with free account. this book includes perspectives from a broad range of victims. including family members of the crime victims; convicted persons whose rights are violated by the justice system through wrongful convictions, unequal and discriminatory application of justice, lack of a due process, imposition for crimes that do not meet the most serious crimes threshold or to the categories of perpetrators that should be protected from the death penalty (minors, persons with mental or intellectual disabilities, pregnant women), as well as third parties including family members of the convicted person (especially children and primary caretakers) and persons included in criminal proceedings or executions (such as prosecutors, judges, lawyers and executioners). it is argued in this thought provoking book that the states right to execute violates the right to life and negatively reflects on human rights of its citizens in general.

Small States, Smart Solutions Improving Connectivity and Increasing the Effectiveness of Public Services

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Author by : Edgardo Favaro
Languange Used : English, France, Spanish, Italia and chinese
Page : 290
Isbn : 0821374613
Identifier : 9780821374610
Release : 2008
Publisher by : World Bank Publications
Category : Law
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Description : Read Now Small States Smart Solutions by Edgardo Favaro and you can download with pub, pdf, txt, doc, and more file format with free account. small states face special hurdles in achieving development gains. these states spend significantly more of their gdp on producing public goods and services, and they face higher connectivity costs than do their larger brethren. small states, smart solutions examines how some small states use international trade and telecommunications technology to outsource services such as justice, banking supervision, public utilities regulation, high-quality medicine, and education. sourcing these services internationally poses unique challenges but also opens broad opportunities. the eight case studies in this book, based on interviews with government officers and citizens, describe pioneering initiatives undertaken by some small states to better the quality of life of their citizens.

Safe Abortion Technical and Policy Guidance for Health Systems

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Author by : World Health Organization
Languange Used : English, France, Spanish, Italia and chinese
Page : 106
Isbn : 9241590343
Identifier : 9789241590341
Release : 2003-05-13
Publisher by : World Health Organization
Category : Medical
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Description : Read Now Safe Abortion by World Health Organization and you can download with pub, pdf, txt, doc, and more file format with free account. at a un general assembly special session in 1999, governments recognised unsafe abortion as a major public health concern, and pledged their commitment to reduce the need for abortion through expanded and improved family planning services, as well as ensure abortion services should be safe and accessible. this technical and policy guidance provides a comprehensive overview of the many actions that can be taken in health systems to ensure that women have access to good quality abortion services as allowed by law.

Surrogacy, Law and Human Rights

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Author by : Paula Gerber
Languange Used : English, France, Spanish, Italia and chinese
Page : 238
Isbn : 1317048229
Identifier : 9781317048220
Release : 2016-03-03
Publisher by : Routledge
Category : Medical
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Description : Read Now Surrogacy Law And Human Rights by Paula Gerber and you can download with pub, pdf, txt, doc, and more file format with free account. surrogacy presents particularly complex questions for human rights law and theory. this book provides a unique and insightful examination into the underexplored issues of how domestic and international law is responding to the sharp increase in the use of surrogacy. the work presents critical analysis of the current regulation of surrogacy via domestic law in australia, india and the usa, and international law in the form of the un convention on the rights of the child. including a wide range of views from academics and practitioners around the world, the contributors consider what could be done to further protect the rights of all persons involved in surrogacy arrangements. this in-depth study of the international and domestic law governing surrogacy provides much needed scholarly knowledge of this contemporary phenomenon, along with recommendations for improvement, regulation and reform. the book will be of great importance to human rights and legal scholars, and well as practitioners in this field.

Tobacco Control Legislation An Introductory Guide

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Author by : D. Douglas Blanke
Languange Used : English, France, Spanish, Italia and chinese
Page : 293
Isbn : 9789241562683
Identifier : 9241562684
Release : 2004
Publisher by : World Health Organization
Category : Medical policy
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Description : Read Now Tobacco Control Legislation by D. Douglas Blanke and you can download with pub, pdf, txt, doc, and more file format with free account. this book is the first in a series of who manuals to support the implementation of the historic who framework convention on tobacco control. recognizing that legislation is indispensable to long-term success, this hands-on publication offers health officials and others the tools to develop the legislative measures required by the who framework convention on tobacco control. beginning with an explanation of the legal terms and concepts, this handbook guides the reader through each stage of the legislative process, from the first steps of building a foundation of political support, to the enforcement and evaluation of legislation after it comes into force. it describes the strategic choices each country must make in approaching legislation, and offers practical suggestions for developing legislative text, working with lawmakers to win the proposal's adoption, and overcoming objections and obstacles.