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Caribbean · Year 2 · Constitutional Law

Death Penalty & Savings Clauses

Recurring constitutional litigation.

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  1. 1.Pratt and Morgan v Attorney General for Jamaica [1993] — held?

    Executing a prisoner after a prolonged delay (presumptively over five years) after sentence amounts to inhuman or degrading punishment.

    [1994] 2 AC 1 (PC)

  2. 2.What is a "savings law clause"?

    A constitutional provision that preserves laws existing at independence from challenge under the fundamental rights provisions.

    e.g. Boyce and Joseph v The Queen [2004] UKPC 32

  3. 3.Boyce and Joseph v The Queen [2004] — held?

    The Privy Council held (5:4) that Barbados's savings clause protected the mandatory death penalty from constitutional challenge.

    [2004] UKPC 32

  4. 4.Attorney General of Barbados v Joseph and Boyce [2006] — held?

    The CCJ held that condemned men had a legitimate expectation that the State would not execute them while their petitions to the Inter-American Commission on Human Rights were pending.

    [2006] CCJ 3 (AJ)

  5. 5.Nervais v The Queen; Severin v The Queen [2018] — held?

    The CCJ held the mandatory death penalty in Barbados unconstitutional, and that the savings clause did not prevent this.

    [2018] CCJ 19 (AJ)

  6. 6.McEwan v Attorney General of Guyana [2018] — held?

    The CCJ struck down Guyana's law criminalising cross-dressing "for an improper purpose" as unconstitutionally vague and discriminatory.

    [2018] CCJ 30 (AJ)