Alexander, C. and Sato, Mai (2024) Abolishing the death penalty through constitutional challenge. Project Report. Eleos Justice.
Abstract
Eight countries have abolished the death penalty by constitutional challenge. Applying a lens of legal formalism, the unconstitutionality of the death penalty may be understood as a legal truth deduced through the judicial application of pure legal rules. Legal realism, on the other hand, contends that judicial decisions are informed by the social and political contexts in which they are made. As this report demonstrates, non-legal factors appear to have had significant influence on the abolition of the death penalty in each of the eight countries under consideration.
Metadata
| Item Type: | Monograph (Project Report) |
|---|---|
| School: | Birkbeck Faculties and Schools > Faculty of Humanities and Social Sciences > School of Social Sciences |
| Research Centres and Institutes: | Crime & Justice Policy Research, Institute for |
| Depositing User: | Mai Sato |
| Date Deposited: | 07 Apr 2025 14:19 |
| Last Modified: | 08 Apr 2025 06:50 |
| URI: | https://eprints.bbk.ac.uk/id/eprint/55270 |
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