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26 July 2024 / Malcolm Bishop KC
Issue: 8081 / Categories: Features , Profession , International , Criminal
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Death in paradise: The death penalty in the Caribbean—State independence or human rights?

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Malcolm Bishop KC reflects on the role of the ‘savings clause’ in maintaining capital punishment in the Caribbean
  • Covers attempts to abolish the mandatory death sentence for murder in Caribbean states, following independence.

What happens when an irresistible force meets an immovable object? A gargantuan collision. In the legal world, two principles sit uneasily together and sometimes collide: state sovereignty and human rights.

This clash came to prominence in the ‘swinging 60s’. As well as the Beatles, the miniskirt and the sexual revolution, the decade was notable for the independence of many former British colonies, particularly in the Caribbean. This followed many years of agitation, strife and even violent uprising. But, having decided to grant independence, means had to be found to ensure the newly formed nations set out on their journey with minimum disruption. The upshot was that each former colony was granted a constitution by the UK sovereign in council under an executive order. The UK, itself,

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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