Judicial politics in the Privy Council: a legal analysis of its impact on the constitutionality of the death penalty in the Commonwealth Caribbean

Abstract

An institution such as the Privy Council is the supreme judicial body for some Commonwealth countries. The main objective of this research is to understand the extent to which the Privy Council decision making on the constitutionality of the death penalty in the Commonwealth Caribbean influenced by judicial politics. This issue is extant to the Commonwealth Caribbean society and therefore a legal analysis of it is necessary to generate new insights into the judicial politics of the Privy Council. Therefore, the decision making on the constitutionality of the death penalty is the vehicle used in this research to present explanations in response to this issue. This is demonstrated through the theories of judicial behaviour in the perspectives of the legal model, the institutional model and the attitudinal model of such behaviour. It worth noting that in some Commonwealth Caribbean States the death penalty is the punishment prescribed by law for persons guilty of the crime of murder. However, there are serious concerns with the application of this punishment. A case law analysis of the death penalty in the Commonwealth Caribbean from a policy perspective will be pursued. Also, of major concerns in this regard is that it is hypothesized that the constitutionality of the death penalty in the Commonwealth Caribbean is influenced by judicial politics. This research will focus on exploring, evaluating and explaining the hypothesis on the death penalty in the area of judicial politics. It involves examining the structure, nature and the relationship between the concept of judicial politics and that of the constitutionality of the death penalty. Wider issues such as an analysis of judicial reasoning by the Privy Council involving the death penalty and also human rights issues have been pursued. Thus this research also necessitates assessing the jurisdiction and jurisprudence of the Privy Council and the Caribbean Court of Justice in evaluating the judicial attitude towards the issue of cruelty of the death penalty in the Commonwealth Caribbean.