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Routledge Handbook of Constitutional Law by Cheryl Saunders, Thomas Fleiner, Mark Tushnet

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16The limits of punishment

Martin Scheinin and Denise Meyerson

16.1 Introduction

This chapter1 provides a comparative assessment of how national constitutions deal with criminal punishment issues. In particular, it explores the extent and rationale of constitutional restrictions on the state’s power to punish. While offering a certain modicum of historical context, the discussion is principally limited to modern times. Extensive reference is made to international legal norms because these have significantly influenced the evolution of national constitutions and constitutional law, resulting in a considerable degree of convergence in the way in which national constitutional systems treat issues of punishment. Eastern Europe provides a good ...

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