Reforming the Death Penalty Constitutional, Human Rights, and Policy Dimensions
https://doi.org/10.5281/zenodo.17284884
Abstract
The death penalty has always been one of the most debatable topics within the context of the current law, politics, and human rights. Although over two-thirds of the states in the world have legally or in practice abolished it, some retentionist jurisdictions still defend capital punishment on deterrence, retribution and public safety grounds. This point of departure represents complicated crossings of constitutional power, global human rights duties and domestic policy agendas.
This paper offers a critical analysis of the death penalty based on the three interconnected aspects of the death penalty, which include the constitutional, human rights and policy aspects. It starts by examining constitutional controversies, like in the tension between the right to life and state sovereignty, judicial interpretation in a variety of legal systems, and the use of developing constitutional principles, such as proportionality and dignity. It then discusses the human rights issues that a death penalty presents, considering the international and regional instruments, the jurisprudence of human rights courts and the arguments on whether the death penalty violates the jus cogens norms of international law. Another policy issue discussed in the paper would be the dilemma of deterrence, false conviction, cost, and the feasibility of other alternatives like life imprisonment and restorative justice.
By comparatively analyzing the reforms in both the abolitionist and retentionist states, the study recognizes the world trends and lessons that the jurisdictions struggling with the capital punishment should learn. Finally, it contends that reform must be meaningful and must therefore entail balancing the constitutional protection, conforming to international human rights norms and embracing practical policy innovations. The paper has concluded that the way forward does not only lie in a legal reform but also in a reconciliation of justice, human dignity and the developing moral consciousness of societies.
Keywords: Death Penalty Reform, Constitutional Law, Human Rights, Criminal Justice Policy, Capital Punishment Debate
