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The Pinochet Case : A Legal and Constitutional Analysis - BLOOMSBURY ACADEMIC

The Pinochet Case

A Legal and Constitutional Analysis

Hardcover

Published: 1st January 2000
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This collection of essays is concerned with the legal and constitutional issues surrounding the Pinochet case and is aimed at all those, whether lawyers or non-lawyers, with an interest in the House of Lords' decisions and their implications. The introduction provides a calendar of events and considers the interaction between the courts and the Home Secretary in the extradition process. The book is then divided into two parts. The first consists of three related essays, which critically assess the suitability of the House of Lords - in the light of Pinochet - as the final court of appeal for constitutional and political cases, its decision on the "Hoffman question", and, in this context, its failure to take account of the jurisprudence of the ECHR. Part two also consists of three essays which are concerned with the wider, international implications. They consider the concept of justice in relation to Pinochet, the internationalization of criminal justice and its conflict with the freedom of states to grant national amnesties, and the decision of the House of Lords to refuse Pinochet, as a former head of state, immunity from prosecution. The three House of Lords' judgments on Pinochet are included in an annex to the essays, enabling the reader to easily make reference to the cases.

The authors and publisher are to be congratulated on getting this very useful and well-researched collection of essays out so quickly. Geoffrey Bindman The Law Society's Gazette September 2002 This is a good book, destined to become a standard work on the whole Pinochet affair in the House of Lords. John P. Grant Journal of the Law Society of Scotland February 2003

Forewordp. i
Contributorsp. ii
Table of Casesp. xii
Table of Legislationp. xvii
Table of Treaties and Conventionsp. xix
Introduction: The Extradition of Pinochet: A Calendar of eventsp. 1
The processing of Pinochet through the extradition procedure; a calendar of eventsp. 2
The implications of the Pinochet episodep. 11
Pinochet, the House of Lords, and the Issue of Bias
The House of Lords as a Political and Constitutional Court: Lessons from The Pinochet Casep. 17
Introductionp. 17
A multiplicity of voicesp. 18
Lord Hoffmann and the problem of biasp. 25
Interveners, amici curiae and clerksp. 31
The need for a full courtp. 36
Pinochet 2: The Questions of Jurisdiction and Biasp. 41
Backgroundp. 41
The legal issuesp. 43
Implications for the development of the lawp. 55
Conclusionp. 60
Pinochet, Bias and the European Convention on Human Rightsp. 63
Introductionp. 63
The arguments regarding the possibility of biasp. 64
The application of the European Convention on Human Rights and Fundamental Freedomsp. 66
The Human Rights Act 1998p. 71
Pinochet, Justice and International Law
Pinochet and Issues of Morality and Justicep. 81
Introductionp. 81
Justice and Punishmentp. 82
Retributivismp. 84
Responsibilityp. 88
Conclusionp. 91
Sovereign Immunity Under International Law: The Case of Pinochetp. 93
Introductionp. 93
Jus gentium: the law of nationsp. 94
State immunityp. 95
General principles of lawp. 96
Judicial decisionsp. 97
Writings of authorsp. 99
Jus cogensp. 100
Comity of nationsp. 101
Erosion of absolute immunity in Britainp. 103
The principal of inviolabilityp. 105
Immunity ratione personae and immunity ratione materiaep. 105
Act of state doctrinep. 107
Acts of head of statep. 109
Like with likep. 109
Conclusionp. 111
Pinochet and the Administration of International Criminal Justicep. 115
Introductionp. 115
The legal basis of proceedings against Senator Pinochet Ugartep. 116
Individual responsibility under the international legal systemp. 119
State practice on the resolution of offences jus cogensp. 123
Amnesties and international lawp. 124
Conclusionp. 127
Bibliographyp. 129
Annex
Pinochet 1p. 135
Pinochet 2p. 181
Pinochet 3p. 201
Indexp. 293
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9781841131023
ISBN-10: 1841131024
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 304
Published: 1st January 2000
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 24.77 x 16.51  x 1.91
Weight (kg): 0.61
Edition Number: 1