Disproportionate Sentences as Human Rights Violations |
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| Authors: | Dirk van Zyl Smit Andrew Ashworth |
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| Affiliation: | *Professor of Criminology, University of Cape Town;Professor of Comparative and International Penal Law, University of Nottingham; **Vinerian Professor of English Law, University of Oxford |
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| Abstract: | The article explores the concepts of disproportionality and gross disproportionality in sentencing. Several constitutions or human rights documents prohibit grossly disproportionate sentences, either expressly or impliedly. The draft constitution of the European Union has a Charter of Fundamental Rights that includes the right not to be subjected to a disproportionate sentence. The possible meaning and application of this are discussed by reference to the development of related constitutional jurisprudence in other jurisdictions. |
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| Keywords: | disproportionality sentencing human rights gross disproportionality |
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