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Borderlines in Private Law

Edited by: William Day, Julius Grower
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Lord Denning: Life, Law and Legacy



  


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Comparative Executive Clemency: The Prerogative of Mercy in the Commonwealth


ISBN13: 9780815355366
Published: January 2018
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2015)
Price: £45.99
Hardback edition , ISBN13 9781138813823



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This book provides a comparative constitutional analysis of executive clemency, with a focus on death penalty cases.

In the Commonwealth today, legal frameworks and clemency proceedings differ markedly. In some countries, the decision is one for the executive alone, while others have delegated this power to an advisory committee. The role of legislatures varies as well: in some countries, legislative assemblies can appoint or approve members of a clemency or pardon board. Today, international tribunals recognize a human right to seek clemency, reprieve, or pardon, and forbid such executions while such a request is pending. In general, the trend is toward rationalization of the clemency process, involving more actors in decision-making and diluting the unchecked discretion of a single individual.

Focussing specifically on death penalty cases, as these are the most urgent, this book argues that improving the rationality and transparency of the clemency process will not only benefit executive decision-making, but will contribute to death penalty abolition in the long-term by increasing the structural costs of executions, a process well underway in India and the Caribbean. Comparative executive clemency has never been the subject of a full-length comparative constitutional analysis, and the breadth of jurisdictions contained in this book—encompassing the entire English-speaking world—provides a full range of cultural and political variations in the level of deference given to executive decision-making.

This book will be of great interest to scholars of international and comparative criminal justice and international human rights law.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Introduction: Executive Clemency in Global Perspective
2. The Origins of the Common Law Prerogative of Mercy
3. International Law and the Amnesty and Pardon Power
4. Comparative Constitutional Frameworks for the Pardon Power
5. Scope of the Pardon Power
6. Comparative Mercy Committees
7. Comparative Clemency Procedures
8. Legislative and Judicial Review of Executive Clemency
9. The Future of Executive Clemency

Series: Routledge Research in Human Rights Law

Jurisdiction, Immunity and Transnational Human Rights Litigation ISBN 9780415666381
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£105.00
The Human Rights Approach to Disability: Cases and Materials ISBN 9781138799080
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£125.00
Civilian Drones, Visual Privacy and EU Human Rights Law ISBN 9781032183725
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Executive Clemency: Comparative and Empirical Perspectives ISBN 9780367243579
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Human Rights and America's War on Terror ISBN 9780367499037
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Criminal Theory and International Human Rights Law ISBN 9780367182274
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£120.00
Criminal Punishment and Human Rights: Convenient Morality ISBN 9781138625792
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£135.00
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Civil and Political Rights in Japan: A Tribute to Sir Nigel Rodley ISBN 9780815385844
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Human Rights in the Media: Fear and Fetish ISBN 9781138645813
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Developing the Right to Social Security: A Gender Perspective ISBN 9780815354598
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£45.99
Freedom from Religion and Human Rights Law ISBN 9781138632967
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£145.00
The Istanbul Convention, Domestic Violence and Human Rights ISBN 9781138953673
Published April 2017
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£150.00
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Care, Migration and Human Rights: Law and Practice ISBN 9781138701847
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Nomadic Peoples and Human Rights ISBN 9780415526968
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Litigating Transnational Human Rights Obligations (eBook) ISBN 9781135121129
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