ninth amendment
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2021 ◽  
Vol VI (III) ◽  
pp. 13-26
Author(s):  
Hafiz Abdul Rehman Saleem ◽  
Imtiaz Ahmad Khan ◽  
Hamid Mukhtar

Life imprisonment without parole and commutation (LWOP) came under Ninth Amendment to the 1997 Criminal Law of Peoples Republic of China as a proviso to the suspended death penalty for corruption crimes. The legislative intent given for the arrival of new punishment depicts LWOP as a solution for the disparity in a suspended death sentence, controlling judicial discretion and proportional punishment for corruption which is debated as not an exhaustive and compelling justification. The manuscript addresses a substantive question; if LWOP is suitable for the criminal justice system in China? And is answered under three normative claims, namely necessity, effectiveness, and humanness.The examination of the topic contends LWOP is more of an effective tool in broader anti-corruption strategy than a need for domestic utilization.LWOP in China gives no hope of release and stands inconsistent with Article 3 of the European Convention on Human Rights


Author(s):  
Hoolo 'Nyane

The Constitution of Lesotho has been amended nine times since its adoption in 1993. The latest amendment, styled the Ninth Amendment to the Constitution, was assented into law in May 2020 amidst great controversy. The Amendment makes fundamental changes to the Constitution. Its main thrust is to cushion parliament from early dissolutions necessitated by a motion of no confidence against the government. The Amendment has also introduced other significant changes to the Constitution. Those other changes are on the prorogation of parliament, the Prime Minister's resignation for personal reasons and the caretaker government. All these changes have been inspired by the country's constitutional problems since the advent of coalition politics in 2012. The purpose of this commentary is to critique these changes. The paper contends that the changes brought about by the Ninth Amendment can at best be regarded as interim rather than permanent measures, while the long-lasting constitutional reforms are being prepared for the country.


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