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The judicial use of international and foreign law in death penalty cases: a poisoned chalice?

Malkani, Bharat 2008. The judicial use of international and foreign law in death penalty cases: a poisoned chalice? In: Sarat, Austin ed. Is the Death Penalty Dying?, Vol. 42. Studies in Law, Politics and Society, Emerald, pp. 161-194. (10.1016/S1059-4337(07)00406-1)

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Abstract

This chapter addresses the possible consequences of the United States Supreme Court's increasing attention to international and foreign human rights law in its death penalty jurisprudence, particularly with respect to the Eighth Amendment. I question the belief of those commentators who argue that such attention might assist with efforts to abolish the death penalty in the United States, and argue instead that the perceived threat to state sovereignty that the invocation of international and foreign human rights law poses might result in attempts to retain the death penalty as a means of reasserting state autonomy.

Item Type: Book Section
Date Type: Publication
Status: Published
Schools: Law
Subjects: K Law > K Law (General)
K Law > KF United States Federal Law
Publisher: Emerald
ISBN: 9780762314676
ISSN: 10594337
Last Modified: 21 Nov 2017 10:30
URI: http://orca-mwe.cf.ac.uk/id/eprint/105663

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