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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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