Contents

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JCL 66 (2002) 510

The influence of international human rights law upon criminal justice systems
Dr Javaid Rehman

Is international law, law in the real sense? This is a question that has been frequently posed not only by inquisitive undergraduate students, but also by national law practitioners. The sceptics of international law point to the absence of firmly established legislative, executive and judicial mechanisms—mechanisms that represent the essence of an effective legal system. The influence of human rights law upon national laws may appear particularly limited and tenuous. Furthermore, in the light of significant violations of individual and collective rights, there is scepticism about the effectiveness or influence of international human rights law upon national legal systems. This article, in challenging those sceptics who question the effectiveness of international human rights law, argues in favour of a strong and influential relationship between national criminal justice systems and international human rights law.

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JCL 66 (2002) 528

Towards a normative defence of provocation in England and Ireland
John E. Stannard

This article compares, in the light of the House of Lords’ decision in R v Smith (Morgan James), the English and Irish approaches to the objective test in provocation. Though the law on this point has developed in radically different directions as between England and Ireland, both jurisdictions demonstrate a profound dissatisfaction with the objective test in its traditional formulation combined with a reluctance to dispense with it altogether. It is suggested that Lord Hoffmann’s approach in Morgan Smith, by drawing out the essentially normative function of the objective test, provides a useful way forward for the law on both sides of the Irish Sea.

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JCL 66 (2002) 541

Race and the criminal process: breaking the mould to ensure accurate ethnic monitoring
Kamal Sharma

The media, judiciary, legislature and the Executive currently agree that the criminal process is in need of reform. Indeed, on Tuesday 18 June 2002, Tony Blair described the criminal justice system as 'antique and ineffectual’. This article investigates the purposes and uses of racial and ethnical terminologies in the criminal justice system.

Notwithstanding the importance of existing racial definitions in criminal justice, a standard definition of ethnicity is regarded as necessary to ensure that ethnic monitoring is accurate and effective. Therefore this article questions the validity, accuracy and purposes of the terminologies used in contemporary and past studies in relation to the most extensive reports on ethnic monitoring; namely the National Censuses of Population, the Home Office Research Statistics and Development Directorate’s publications and the British Crime Surveys. This article also considers the impact that foreseeable social and demographic changes may have on the use of racial and ethnic classifications in the criminal justice system, as well as the ways in which the various bodies of the criminal process may prepare for potential changes.

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Links to other issues

Volume 65 (2001) :   1   2   3   4   5   6

Volume 66 (2002) :   1   2   3   4   5   6

Volume 67 (2003) :   1   2   3   4   5   6

Volume 68 (2004) :   1   2   3   4   5   6

Volume 69 (2005) :   1   2   3   4   5   6

Volume 70 (2006) :   1   2   3   4   5   6

Volume 71 (2007) :   1   2   3   4   5   6

Volume 72 (2008) :   1   2   3   4   5   6

Volume 73 (2009) :   1   2   3   4   6

Volume 74 (2010) :   1   2   3   4

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