In historic cases the potential for a sentence to rehabilitate, incapacitate or deter the offender is largely insignificant – leaving the focus solely on retribution.
By failing to provide details on what invalidated Kenya’s election, the country’s Supreme Court has created an impossible timeline for organising re-elections within 60 days.
There is no basis in customary, conventional international law or domestic law for the spouse of a head of state to claim - as a right - some form of immunity when visiting a foreign state.
Most law schools frown upon their students questioning how laws were originally conceived. But a Canadian law school once argued convincingly that law should be taught as a social science.
The contentious book documenting Nelson Mandela’s last days that was pulled of the shelves left many unanswered questions. Judgement must be suspended until it’s content is made public.
The idea that courts should routinely grant stays of proceedings in the event of trial delays is largely unique to Canada. There are ways to address trial delays without terminating prosecutions.