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Vol 25 No 2 Feb/March 2020

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Executive Clemency: Comparative and Empirical Perspectives

Edited by: Daniel Pascoe, Andrew Novak

ISBN13: 9780367243579
To be Published: July 2020
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £120.00



Nearly every country in the world has a mechanism for executive clemency, which, though residual in most legal systems, serves as a vital due process safeguard and as an outlet for leniency in punishment. While the origins of clemency lie in the historical prerogative powers of once-absolute rulers, modern clemency laws and practices have evolved to be enormously varied. This volume brings comparative and empirical analysis to bear on executive clemency, building a sociological and political context around systematically-collected data on clemency laws, grants, and decision-making. Some jurisdictions have elaborate constitutional and legal structures for pardoning or commuting a sentence while virtually never doing so, while others have little formal process and yet grant clemency frequently. Using examples from Asia, Europe, Latin America, the Caribbean, and the USA, this comparative analysis of the law and the practice of clemency sheds light on a frequently misunderstood executive power.

This book builds on existing academic scholarship and expands the limited geographical scope of prior research, which has tended to focus on North America, the UK, and Australia. It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched.

The book will be of value to practitioners, academics, and students interested in the fields of human rights, criminal law, comparative criminal justice, and international relations.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Executive Clemency: A Ubiquitous Part of the Constitutional Scheme
Daniel Pascoe and Andrew Novak
2. Clemency for Death Penalty Cases under International Law and Standards: Has the Tide Changed?
Chiara Sangiorgio
3. Separation of Powers and Executive Clemency in the Civil Law World: A Comparative Study
Sonsoles Arias and Antonios Kouroutakis
4. Rethinking Amnesty and Clemency in Countries in Transition: A Comparative Analysis of Laws and Practices in Countries of the Former Yugoslavia
Nedžad Smailagić
5. Remedying Wrongful Conviction: Comparisons between the Royal Prerogative of Mercy in England and Wales and Clemency in the USA
Sarah L Cooper and Hannah Burrows
6. Mercy Litigation in the Commonwealth Caribbean
Arif Bulkan
7. Secret Jurisprudence: Decision Making on Capital Clemency Petitions in India
Bikramjeet Batra
8. Executive Clemency in Capital Cases: Inadequate Laws and Inactive Practice in Contemporary China
Moulin Xiong
9. Emerging Trends and Best Practices in Comparative Clemency
Andrew Novak and Daniel Pascoe
Appendix: Global Constitutional Provisions on Executive Clemency

Series: Routledge Research in Human Rights Law

The Human Rights Approach to Disability: Cases and Materials ISBN 9781138799080
To be published October 2021
Routledge
£90.00
Jurisdiction, Immunity and Transnational Human Rights Litigation ISBN 9780415666381
To be published January 2021
Routledge
£105.00
Capturing Caste in Law: The Legal Regulation of Caste Discrimination ISBN 9781138807761
To be published January 2021
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£90.00
Human Rights and America's War on Terror ISBN 9780367499037
Published February 2020
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£36.99
Critical Indigenous Rights Studies ISBN 9780367481353
Published January 2020
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£36.99
Criminal Theory and International Human Rights Law ISBN 9780367182274
Published October 2019
Routledge
£120.00
Criminal Punishment and Human Rights: Convenient Morality ISBN 9781138625792
Published March 2019
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£120.00
Criminal Punishment and Human Rights: Convenient Morality (eBook) ISBN 9780429861475
Published March 2019
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£37.49
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Civil and Political Rights in Japan: A Tribute to Sir Nigel Rodley ISBN 9780815385844
Published February 2019
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£120.00
Civil and Political Rights in Japan: A Tribute to Sir Nigel Rodley (eBook) ISBN 9781351180016
Published February 2019
Routledge
£37.49
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Human Rights in the Media: Fear and Fetish ISBN 9781138645813
Published January 2019
Routledge
£120.00
Human Rights in the Media: Fear and Fetish (eBook) ISBN 9781317239482
Published January 2019
Routledge
£37.49
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Critical Indigenous Rights Studies (eBook) ISBN 9781351747554
Published August 2018
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£37.49
(ePub)
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Critical Indigenous Rights Studies ISBN 9781138729339
Published August 2018
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£120.00
£37.99
Developing the Right to Social Security: A Gender Perspective ISBN 9780815354598
Published January 2018
Routledge
£37.99
Freedom from Religion and Human Rights Law ISBN 9781138632967
Published November 2017
Routledge
£125.00
The Istanbul Convention, Domestic Violence and Human Rights ISBN 9781138953673
Published April 2017
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£130.00
£30.83
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£125.00
Care, Migration and Human Rights: Law and Practice ISBN 9781138701847
Published January 2017
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£43.99
Resolving Conflicts between Human Rights: The Judge's Dilemma (eBook) ISBN 9781317218678
Published November 2016
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£32.49
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Resolving Conflicts between Human Rights: The Judge's Dilemma ISBN 9781138658011
Published November 2016
Routledge
£125.00
£43.99
£33.32
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Developing the Right to Social Security: A Gender Perspective ISBN 9781138120112
Published June 2016
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£125.00
Nomadic Peoples and Human Rights ISBN 9781138666498
Published March 2016
Routledge
£37.99
£125.00
£33.32
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Care, Migration and Human Rights: Law and Practice ISBN 9781138792869
Published February 2015
Routledge
£125.00
Care, Migration and Human Rights: Law and Practice (eBook) ISBN 9781317646037
Published February 2015
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£36.66
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China's Human Rights Lawyers and Contemporary Chinese Law (eBook) ISBN 9781134450688
Published December 2014
Routledge
£33.32
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China's Human Rights Lawyers and Contemporary Chinese Law ISBN 9780415870849
Published December 2014
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£125.00
£125.00
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Human Rights Law and Personal Identity (eBook) ISBN 9781134443338
Published June 2014
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£31.66
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Human Rights Law and Personal Identity ISBN 9780415529723
Published June 2014
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£125.00
Nomadic Peoples and Human Rights (eBook) ISBN 9781136020247
Published April 2014
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£31.66
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Nomadic Peoples and Human Rights ISBN 9780415526968
Published April 2014
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£125.00
Litigating Transnational Human Rights Obligations ISBN 9780415858113
Published October 2013
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£130.00
Litigating Transnational Human Rights Obligations (eBook) ISBN 9781135121129
Published October 2013
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£31.66
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Regulating Corporate Human Rights Violations: Humanizing Business ISBN 9780415715270
Published July 2013
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£43.99
£28.33
(ePub)
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The EU as a ‘Global Player’ in Human Rights? (eBook)
Edited by: Jan Wetzel
ISBN 9781136455292
Published February 2012
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£28.33
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The EU as a ‘Global Player’ in Human Rights?
Edited by: Jan Wetzel
ISBN 9780415587051
Published February 2012
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£125.00
£36.66
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Regulating Corporate Human Rights Violations: Humanizing Business ISBN 9780415668217
Published January 2012
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£125.00
Human Rights Monitoring Mechanisms of the Council of Europe ISBN 9780415581622
Published July 2011
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£125.00
Human Rights Monitoring Mechanisms of the Council of Europe (eBook) ISBN 9781136667930
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£31.66
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