• Today
    November 16

  • 08:42 AM

  • Home
  • Mercy Committee...

Mercy Committee overlooked

rhondathompson, rhondathompson@nationnews.com

Added 24 October 2011

In the jurisprudence of Barbados the function of the judge is to interpret the law as it is made by the elected representatives of the people, expressed as the genuine will of the people. The function of the Attorney General is to advise the collective assembly of the people’s representatives (as the Government) on legal matters, including the drafting of legislation in accordance with the people’s will. According to existing law, it is the will of the people that the penalty for conviction of murder is death by hanging. There is however, the prerogative of the local Privy Council’s Mercy Committee to hear and determine a petition for clemency, which includes commuting the sentence. This provision pre-existing November 30, 1966, anticipates the purpose of removing the execution of a mandatory sentence by the intervention of a petition to the Mercy Committee of the local Privy Council. It is an unfortunate tendency residual in the colonial mentality to assume, even after achieving national sovereignty, that every international convention is an invention that supersedes established local custom as inferior. It should be acknowledged that the existence of the Mercy Committee of the local Privy Council obviates any necessity for amendment of the law or the Constitution to remove the existing penalty for conviction of murder as the contingency of inadvertent initialling of a redundant international convention. Closer attention exercised as “eternal vigilance” should be paid to the provisions of existing law before jumping on international bandwagons in pursuit of every declaration

JOIN THE DISCUSSION

Dos and Donts


Welcome to our discussion forum here on nationnews.com. We encourage lively debate, but we also urge you to take note of the following:

  • Stay on topic – This helps keep the thread focused on the discussion at hand. If you would like to discuss another topic, look for a relevant article.
  • Be respectful – Meeting differences of opinion with civil discussion encourages multiple perspectives and a positive commenting environment.
  • Do not type in capitals – In addition to being considered “shouting” it is also difficult to read.
  • All comments will be moderated – Given the volume of comments each day, this may take some time. So please be patient.
  • We reserve the right to remove comments – Comments that we find to be abusive, spam, libellous, hateful, off-topic or harassing may be removed.
  • Reproduction of comments – Some of your comments may be reproduced on the website or in our daily newspapers. We will use the handle, not your email address.
  • Do not advertise – Please contact our Advertising Department.
  • Contact our Online Editor if you have questions or concerns.
  • Read our full Commenting Policy and Terms of Use.
comments powered by Disqus

POLL

Do you think that fees at commercial banks have increased too much?

Yes
No

FRONT COVER OF TODAY'S NEWSPAPER

CARTOON

INSTAGRAM