Although s 9 of the new Constitution 1 guarantees the right to life, there is no express
provision which abolishes the death sentence.
Whereas in the past the death sentence could only be avoided by the exercise of
judicial discretion or political and public pressure, its imposition will now have to be
entirely re-evaluated. Not only are all the laws of the country subject to the new
Constitution, 2 but so too a Constitutional Court will be operational which will have
the power to test the constitutionality of any such laws.
By looking at the standards and relevant issues which are considered to define the
constitutionality of the death sentence internationally, reviewing current application
of the death sentence in South Africa, drawing comparisons, and by studying the
problems unique to the South African situation, it will be the aim of this dissertation
to determine how the death sentence will fare under a Constitutional Court. / Criminal and Procedural Law / LL. M.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:uir.unisa.ac.za:10500/17128 |
| Date | 06 1900 |
| Creators | Krautkrämer, Robert Paul Rudolf |
| Contributors | Van Rooyen, J. H. (Jan H.) |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Dissertation |
| Format | 1 online resource (25, v leaves) |
Page generated in 0.0017 seconds