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The Pinochet Case - A Legal and Constitutional Analysis (Hardcover)
Loot Price: R3,391
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The Pinochet Case - A Legal and Constitutional Analysis (Hardcover)
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These essays are concerned with the legal and constitutional issues
surrounding the Pinochet case and are aimed at all those, whether
lawyers or non-lawyers, with an interest in the House of Lords'
decisions and their implications. The Introduction provides a
calendar of events and considers the interaction between the courts
and Home Secretary in the extradition process. Thereafter, the book
is divided into two parts. The first consists of three related
essays, which critically assess the suitability of the House of
Lords, in the light of Pinochet, as the final court of appeal for
constitutional and political cases, its decision on the 'Hoffmann
question', and, in this context, its failure to take account of the
jurisprudence of the ECHR. Part Two also consists of three essays.
These are concerned with the wider, international implications.
They consider the concept of justice in relation to Pinochet, the
internationalisation of criminal justice and its conflict with the
freedom of states to grant national amnesties, and the decision of
the House of Lords to refuse Pinochet, as a former head of state,
immunity from prosecution. The three House of Lords judgments on
Pinochet are included in an Annex to the essays, enabling the
reader to make instance reference to the cases.
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