Toward a Global Consensus on Life Imprisonment Without Parole: Transnational Legal Advocates and the Zimbabwe Constitutional Court's Decision in Makoni v Commissioner of Prisons

Toward a Global Consensus on Life Imprisonment Without Parole: Transnational Legal Advocates and the Zimbabwe Constitutional Court's Decision in Makoni v Commissioner of Prisons

Author: 
Novak, Andrew J.
Place: 
Cambridge
Publisher: 
Cambridge University Press
Date published: 
2018
Journal Title: 
Journal of African Law
Source: 
Journal of African Law, Vol. 62, No. 2, May 2018, pp. 315-327
Abstract: 

In June 2016, the Zimbabwe Constitutional Court held that life imprisonment without the possibility of parole is unconstitutional, finding that it constituted cruel and degrading punishment and a violation of the right to equal protection under the country's new constitution. The court widely cited international and foreign law to assess global trends on life imprisonment, especially the jurisprudence of the European Court of Human Rights. The decision illustrates the benefits for human rights advocates of citing international and foreign law in their pleadings, and is an example of "sharing" constitutional jurisprudence across borders and the diffusion of constitutional norms.

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CITATION: Novak, Andrew J.. Toward a Global Consensus on Life Imprisonment Without Parole: Transnational Legal Advocates and the Zimbabwe Constitutional Court's Decision in Makoni v Commissioner of Prisons . Cambridge : Cambridge University Press , 2018. Journal of African Law, Vol. 62, No. 2, May 2018, pp. 315-327 - Available at: https://library.au.int/toward-global-consensus-life-imprisonment-without-parole-transnational-legal-advocates-and-zimbabwe