header-logo header-logo

26 July 2024 / Malcolm Bishop KC
Issue: 8081 / Categories: Features , Profession , International , Criminal
printer mail-detail

Death in paradise: The death penalty in the Caribbean—State independence or human rights?

183104
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,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
back-to-top-scroll