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1 Oxford U. Commw. L.J. 171 (2001)
International Legal Trends and the Mandatory Death Penalty in the Commonwealth Caribbean

handle is hein.journals/oxuclwj1 and id is 171 raw text is: Oxford University Commonwealth Lar journal INTERNATIONAL LEGAL TRENDS AND THE 'MANDATORY' DEATH PENALTY IN THE COMMONWEALTH CARIBBEAN* SAUL LEHRFREUNDt A INTRODUCTION Until the landmark decision of the Eastern Caribbean Court of Appeal in Hiughes and Spence v The Qneen, the conventional wisdom was that the mandatory imposi- tion of the death penalty could not be challenged in Commonwealth Caribbean countries as unconstitutional and that, in any event, the savings clauses contained in the constitutions would prevent any such challenge. Savings clauses operate in all jurisdictions of the Commonwealth Caribbean, except Belize, to preserv7e the colonial status quo from constitutional challenge. Either they rule out altogether any constitutional attack on the laws in existence at the time of independence, or they at least prohibit any attack on the specific colo- nial penalties or punishments in existence at the time of independence based on the alleged cruelty or inhumanity of those punishments. The most significant effect of the decision in Hughes and Spence is that it has shown the way for a restrictixe interpretation of at least some types of saxings clauses. By doing so, it has liberated the courts to adopt a more dynamic and evolutionary approach to constitutional interpretation. As a consequence, the constitutional courts in the Commonwealth Caribbean are now being asked to consider a number of specific issues in relation to the mandatory death penalty: first, whether it is constitutional; and second, whether any challenges to the mandatory death penalty are barred by the savings clauses, found to a xvarying degree, within each Caribbean constitution. In each case, the consideration of, and implications for, global and regional developments are highly significant. eA vesion ofithis artidcl was lirst presented at the ConId rencc on Inicirna(,nal Law and the Abolition of the Death Penalty (Galway, 21 22 September 2001), organised by the Irish Centre for Human RZights, National Univcrsity oIi 'cland and the Centre do Recherche sur les Droits do l'Honne, Universite Pantheon-Assas Paris 11. L1,13 (Hons), LiM, IBE; Director, Commonwealth Caribbean Dcath Penalty Project, Simnons Muirhead & Burton and Penal Reform International. The project is co-funde by the European Commission and Simons Muirhcad & Burton. Lastern Caribbean Court of Appeal, 2 April 2(0(01, [21. The Court of Appeal hemt that the manda- toi) imposition io'thc dcalh penalty on all those convicted of ntirder irirespective o the indi\idtial mitigation was unconstitutional in St Lucia and St Vincent respectively. WINTER 2001

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