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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, of course never had a written constitution—but newborn nation states apparently

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

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Laytons ETL—Alec Cameron

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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