Transnational litigation against the mandatory death penalty and anti-sodomy laws: a new Commonwealth human rights strategy?

Abstract

ABSTRACT In the Commonwealth, courts engage in transnational judicial dialogue on death penalty abolition and decriminalisation of homosexuality. Strategic litigation uses similarities in colonial-era laws and constitutional provisions to persuade courts to adopt new norms. The London-based Death Penalty Project and Human Dignity Trust have explicit Commonwealth litigation strategies against the mandatory death penalty and anti-sodomy laws, respectively. These organisations' expertise in comparative and international law assists local partners. This article interrogates this litigation according to the ‘boomerang’ strategy of norm diffusion and critical models. A general Commonwealth human rights litigation strategy can alter state behaviour and ensure norm compliance.