Andrew Novak
Datos Biográficos
| ID | 4076587 |
|---|---|
| NOMBRE | Andrew Novak |
| NOMBRES | Andrew |
| APELLIDO | Novak |
| FIRMA | NOVAK A |
| AFILIACIONES | George Mason University |
| ORCID | 0000-0002-7049-1015 |
| VERIFICADO | Sí |
| TOTAL DE OBRAS | 23 |
| TOTAL DE CITAS | 20 |
| TOTAL COMO AUTOR | 23 |
| TOTAL COMO EDITOR | 0 |
| PRIMER AÑO DE PUBLICACIÓN | 2006 |
| AÑO MÁS RECIENTE DE PUBLICACIÓN | 2026 |
| ÍNDICE H | 3 |
Canada and the International Olympic Committee’s Exclusion of Rhodesia
Although African boycott threats of the 1968 Mexico City Olympics over South Africa and 1972 Munich Olympics over Rhodesia had been narrowly averted, Canada took no chances in the years before the Montreal Games in 1976. Under scrutiny from the Organization of African Unity and its allies, the Canadian Ministry of External Affairs tightened its policies to prohibit federal funding and implement a total visa ban for Rhodesian athletes. However, Ca…
Contesting the Royal Prerogative of Mercy
The politics of abolition
Literature on opposition to the death penalty typically characterizes abolition as inexorable and attributes its fulfillment to the age of human rights. Although most countries abolished capital punishment after the Universal Declaration of Human Rights in 1948, this article uses three comparative case studies to demonstrate abolition’s entanglement with a broader range of political, legal, and cultural factors. Applying a historically grounded n…
Zimbabwe’s Contribution to the Transnational Judicial Dialogue on Corporal Punishment
On April 3, 2019, the Zimbabwe Constitutional Court found unconstitutional moderate corporal punishment on a juvenile male in State v Chokuramba . The decision in Chokuramba was a victory for transnational human rights litigation, as the Court widely cited and applied international and foreign law to discern a global trend, especially the precedents of near neighbors Namibia and South Africa in an important example of South-South dialogue. This a…
Deadly justice without mercy in East Asia
This article explores executive clemency in death penalty cases in China, Taiwan and Japan. All three neighbouring legal jurisdictions are notable for frequently passing death sentences and executing prisoners over the past several decades without the executive branch of government granting individualised pardon or commutation to any death row prisoner since at least 1975, if not earlier. This highly unusual feature of all three nations’ death pe…
Toward a Critical Criminology of HIV Criminalization
Transnational Human Rights Litigation
The apartheid divestment movement at George Washington University
The antiapartheid protests at George Washington University were the campus’s largest student protests since the Vietnam War. As at other universities, students advocated divestment of university finances in businesses with operations in South Africa, including through the now-iconic “shantytown” protests, which symbolized South African living conditions on campus. Under pressure from a student group, GW Voices for a Free South Africa, university …
Transnational litigation against the mandatory death penalty and anti-sodomy laws
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. …
Rhodesia and Fifa
Rhodesia (colonial Zimbabwe) was a member of FIFA from 1965 until its suspension in 1970, playing a single qualifying match against Australia for the 1970 World Cup. Rhodesia was under sanctions as a result of the white minority regime’s unilateral declaration of independence (UDI) from Great Britain, which affected athletes’ ability to participate in international sport. Football was the most popular sport for the black majority, though like oth…
Toward a Global Consensus on Life Imprisonment Without Parole
In June 2016, the Zimbabwe Constitutional Court held that life imprisonment without the possibility of parole is unconstitutional, finding that it constituted cruel and degrading punishment and a violation of the right to equal protection under the country's new constitution. The court widely cited international and foreign law to assess global trends on life imprisonment, especially the jurisprudence of the European Court of Human Rights. The de…
The ‘Judicial Dialogue’ in Transnational Human Rights Litigation
On 14 December 2017, the Supreme Court of Kenya found the mandatory death penalty unconstitutional in Muruatetu & Anor v Republic.1 The Court held that, in the absence of individualized consideration for offenders in a sentencing hearing, the mandatory death penalty violated constitutional provisions related to the right to a fair trial, the right to human dignity, the right to life and the right to equality.2 In its judgment, the Court frequentl…
Capital punishment in precolonial Africa
The modern debate over death penalty abolition in Sub-Saharan Africa frequently references the precolonial period. Has the death penalty truly existed since time immemorial, or is it largely a European imposition? The extent to which precolonial societies used capital punishment is difficult to discern, as many of the anthropological and legal sources that document this period were influenced by colonialism. These sources nonetheless show that th…
Using International and Foreign Law in Human Rights Litigation
International and foreign law is a powerful tool of transnational human rights advocates. Through litigation, advocates can create a global body of persuasive fundamental rights jurisprudence that can be used across borders. Using the August 2016 decision of the Belize Supreme Court in Orozco v. Attorney General as a starting point, this essay traces how LGBT rights activists are constructing a transnational body of jurisprudence decriminalizing …
The Global Decline of the Mandatory Death Penalty
Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resultin…
The African Challenge to Global Death Penalty Abolition
In this impressive study Professor Novak distances himself from generalizations that have often led to wrong conclusions and undertakes an objective analysis.' From the foreword by Dr. Aim Muyoboke Karimunda, Justice, Supreme Court of RwandaAlthough the influence and opinions of political elites, civil society, and the general public vary widely, the death penalty is universally in decline throughout Sub-Saharan Africa. Today, the death penalty i…
The Death Penalty in Africa
In recent years the death penalty has sharply declined across Africa, but this trend belies actual public opinion and the retributivist sentiments held by political elites. This study explains capital
The death penalty in Africa
Capital Punishment in Precolonial African Society
Prior to colonialism, African societies varied widely as to the use of the death penalty, the manner in which capital cases were tried, and the ritual process of execution. Qur’anic principles of justice and retribution tended to impose some uniformity across Islamic Africa, but elsewhere the use of the death penalty was highly contingent on traditional views of death, burial, and the afterlife. In strongly centralized societies a ruler, as repre…
Averting an African Boycott
In 1968, the British government of Prime Minister Harold Wilson lobbied behind the scenes for Rhodesia's exclusion from the Mexico City Olympics. Three years earlier, the former British colony of Southern Rhodesia had seceded from the British Empire under white minority rule and faced isolation from international sporting events. With the election of Conservative Prime Minister Edward Heath in 1970, British foreign policy shifted more heavily to …
Sport and Racial Discrimination in Colonial Zimbabwe
The British colony of Southern Rhodesia, later governed by a white settler minority as unilaterally-independent Rhodesia, practiced racial segregation in many spheres, including education, health care access and political participation. Though racial segregation tended to exist on a less formal level than in Rhodesia's neighbour, apartheid South Africa, segregationist policies were nonetheless invasive and virtually complete in some areas. Sport …
Face-Saving Maneuvers and Strong Third-Party Mediation
Where two opposing sides are engaged in violent conflict and a process of political disintegration, the ability to protect an already-contested legitimacy becomes crucial to a negotiated agreement. Lord Carrington, the mediator between the government of Zimbabwe-Rhodesia and the guerrilla forces of the Patriotic Front, helped the parties save face at the Lancaster House Conference in 1979. Using a tactic of strong third-party mediation, Carringto…
Rhodesia's ‘rebel and racist’ Olympic team
This article traces the history of the Olympic participation of the Federation of Rhodesia and Nyasaland, then the British colony of Southern Rhodesia, and then unilaterally independent settler-ruled Rhodesia after 1965, placing heavy emphasis on the racially integrated aspects of the sporting sphere. Rhodesia's status in the International Olympic Committee inevitably came under assault after 1965 owing to its white government and international s…
Face-Saving Maneuvers and Strong Third-Party Mediation
Where two opposing sides are engaged in violent conflict and a process of political disintegration, the ability to protect an already-contested legitimacy becomes crucial to a negotiated agreement. Lord Carrington, the mediator between the government of Zimbabwe-Rhodesia and the guerrilla forces of the Patriotic Front, helped the parties save face at the Lancaster House Conference in 1979. Using a tactic of strong third-party mediation, Carringto…
Toward a Critical Criminology of HIV Criminalization
Sport and Racial Discrimination in Colonial Zimbabwe
The British colony of Southern Rhodesia, later governed by a white settler minority as unilaterally-independent Rhodesia, practiced racial segregation in many spheres, including education, health care access and political participation. Though racial segregation tended to exist on a less formal level than in Rhodesia's neighbour, apartheid South Africa, segregationist policies were nonetheless invasive and virtually complete in some areas. Sport …
Rhodesia's ‘rebel and racist’ Olympic team
This article traces the history of the Olympic participation of the Federation of Rhodesia and Nyasaland, then the British colony of Southern Rhodesia, and then unilaterally independent settler-ruled Rhodesia after 1965, placing heavy emphasis on the racially integrated aspects of the sporting sphere. Rhodesia's status in the International Olympic Committee inevitably came under assault after 1965 owing to its white government and international s…
The apartheid divestment movement at George Washington University
The antiapartheid protests at George Washington University were the campus’s largest student protests since the Vietnam War. As at other universities, students advocated divestment of university finances in businesses with operations in South Africa, including through the now-iconic “shantytown” protests, which symbolized South African living conditions on campus. Under pressure from a student group, GW Voices for a Free South Africa, university …
Averting an African Boycott
In 1968, the British government of Prime Minister Harold Wilson lobbied behind the scenes for Rhodesia's exclusion from the Mexico City Olympics. Three years earlier, the former British colony of Southern Rhodesia had seceded from the British Empire under white minority rule and faced isolation from international sporting events. With the election of Conservative Prime Minister Edward Heath in 1970, British foreign policy shifted more heavily to …
Deadly justice without mercy in East Asia
This article explores executive clemency in death penalty cases in China, Taiwan and Japan. All three neighbouring legal jurisdictions are notable for frequently passing death sentences and executing prisoners over the past several decades without the executive branch of government granting individualised pardon or commutation to any death row prisoner since at least 1975, if not earlier. This highly unusual feature of all three nations’ death pe…
Transnational litigation against the mandatory death penalty and anti-sodomy laws
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. …
Rhodesia and Fifa
Rhodesia (colonial Zimbabwe) was a member of FIFA from 1965 until its suspension in 1970, playing a single qualifying match against Australia for the 1970 World Cup. Rhodesia was under sanctions as a result of the white minority regime’s unilateral declaration of independence (UDI) from Great Britain, which affected athletes’ ability to participate in international sport. Football was the most popular sport for the black majority, though like oth…
Rhodesia's ‘rebel and racist’ Olympic team
This article traces the history of the Olympic participation of the Federation of Rhodesia and Nyasaland, then the British colony of Southern Rhodesia, and then unilaterally independent settler-ruled Rhodesia after 1965, placing heavy emphasis on the racially integrated aspects of the sporting sphere. Rhodesia's status in the International Olympic Committee inevitably came under assault after 1965 owing to its white government and international s…
Face-Saving Maneuvers and Strong Third-Party Mediation
Where two opposing sides are engaged in violent conflict and a process of political disintegration, the ability to protect an already-contested legitimacy becomes crucial to a negotiated agreement. Lord Carrington, the mediator between the government of Zimbabwe-Rhodesia and the guerrilla forces of the Patriotic Front, helped the parties save face at the Lancaster House Conference in 1979. Using a tactic of strong third-party mediation, Carringto…
Sport and Racial Discrimination in Colonial Zimbabwe
The British colony of Southern Rhodesia, later governed by a white settler minority as unilaterally-independent Rhodesia, practiced racial segregation in many spheres, including education, health care access and political participation. Though racial segregation tended to exist on a less formal level than in Rhodesia's neighbour, apartheid South Africa, segregationist policies were nonetheless invasive and virtually complete in some areas. Sport …
Averting an African Boycott
In 1968, the British government of Prime Minister Harold Wilson lobbied behind the scenes for Rhodesia's exclusion from the Mexico City Olympics. Three years earlier, the former British colony of Southern Rhodesia had seceded from the British Empire under white minority rule and faced isolation from international sporting events. With the election of Conservative Prime Minister Edward Heath in 1970, British foreign policy shifted more heavily to …
The Death Penalty in Africa
In recent years the death penalty has sharply declined across Africa, but this trend belies actual public opinion and the retributivist sentiments held by political elites. This study explains capital
The death penalty in Africa
Capital Punishment in Precolonial African Society
Prior to colonialism, African societies varied widely as to the use of the death penalty, the manner in which capital cases were tried, and the ritual process of execution. Qur’anic principles of justice and retribution tended to impose some uniformity across Islamic Africa, but elsewhere the use of the death penalty was highly contingent on traditional views of death, burial, and the afterlife. In strongly centralized societies a ruler, as repre…
The Global Decline of the Mandatory Death Penalty
Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resultin…
The African Challenge to Global Death Penalty Abolition
In this impressive study Professor Novak distances himself from generalizations that have often led to wrong conclusions and undertakes an objective analysis.' From the foreword by Dr. Aim Muyoboke Karimunda, Justice, Supreme Court of RwandaAlthough the influence and opinions of political elites, civil society, and the general public vary widely, the death penalty is universally in decline throughout Sub-Saharan Africa. Today, the death penalty i…
Toward a Global Consensus on Life Imprisonment Without Parole
In June 2016, the Zimbabwe Constitutional Court held that life imprisonment without the possibility of parole is unconstitutional, finding that it constituted cruel and degrading punishment and a violation of the right to equal protection under the country's new constitution. The court widely cited international and foreign law to assess global trends on life imprisonment, especially the jurisprudence of the European Court of Human Rights. The de…
The ‘Judicial Dialogue’ in Transnational Human Rights Litigation
On 14 December 2017, the Supreme Court of Kenya found the mandatory death penalty unconstitutional in Muruatetu & Anor v Republic.1 The Court held that, in the absence of individualized consideration for offenders in a sentencing hearing, the mandatory death penalty violated constitutional provisions related to the right to a fair trial, the right to human dignity, the right to life and the right to equality.2 In its judgment, the Court frequentl…
Capital punishment in precolonial Africa
The modern debate over death penalty abolition in Sub-Saharan Africa frequently references the precolonial period. Has the death penalty truly existed since time immemorial, or is it largely a European imposition? The extent to which precolonial societies used capital punishment is difficult to discern, as many of the anthropological and legal sources that document this period were influenced by colonialism. These sources nonetheless show that th…
Using International and Foreign Law in Human Rights Litigation
International and foreign law is a powerful tool of transnational human rights advocates. Through litigation, advocates can create a global body of persuasive fundamental rights jurisprudence that can be used across borders. Using the August 2016 decision of the Belize Supreme Court in Orozco v. Attorney General as a starting point, this essay traces how LGBT rights activists are constructing a transnational body of jurisprudence decriminalizing …
Transnational Human Rights Litigation
The apartheid divestment movement at George Washington University
The antiapartheid protests at George Washington University were the campus’s largest student protests since the Vietnam War. As at other universities, students advocated divestment of university finances in businesses with operations in South Africa, including through the now-iconic “shantytown” protests, which symbolized South African living conditions on campus. Under pressure from a student group, GW Voices for a Free South Africa, university …
Transnational litigation against the mandatory death penalty and anti-sodomy laws
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. …
Rhodesia and Fifa
Rhodesia (colonial Zimbabwe) was a member of FIFA from 1965 until its suspension in 1970, playing a single qualifying match against Australia for the 1970 World Cup. Rhodesia was under sanctions as a result of the white minority regime’s unilateral declaration of independence (UDI) from Great Britain, which affected athletes’ ability to participate in international sport. Football was the most popular sport for the black majority, though like oth…
Toward a Critical Criminology of HIV Criminalization
Zimbabwe’s Contribution to the Transnational Judicial Dialogue on Corporal Punishment
On April 3, 2019, the Zimbabwe Constitutional Court found unconstitutional moderate corporal punishment on a juvenile male in State v Chokuramba . The decision in Chokuramba was a victory for transnational human rights litigation, as the Court widely cited and applied international and foreign law to discern a global trend, especially the precedents of near neighbors Namibia and South Africa in an important example of South-South dialogue. This a…
Deadly justice without mercy in East Asia
This article explores executive clemency in death penalty cases in China, Taiwan and Japan. All three neighbouring legal jurisdictions are notable for frequently passing death sentences and executing prisoners over the past several decades without the executive branch of government granting individualised pardon or commutation to any death row prisoner since at least 1975, if not earlier. This highly unusual feature of all three nations’ death pe…
The politics of abolition
Literature on opposition to the death penalty typically characterizes abolition as inexorable and attributes its fulfillment to the age of human rights. Although most countries abolished capital punishment after the Universal Declaration of Human Rights in 1948, this article uses three comparative case studies to demonstrate abolition’s entanglement with a broader range of political, legal, and cultural factors. Applying a historically grounded n…
Contesting the Royal Prerogative of Mercy
Canada and the International Olympic Committee’s Exclusion of Rhodesia
Although African boycott threats of the 1968 Mexico City Olympics over South Africa and 1972 Munich Olympics over Rhodesia had been narrowly averted, Canada took no chances in the years before the Montreal Games in 1976. Under scrutiny from the Organization of African Unity and its allies, the Canadian Ministry of External Affairs tightened its policies to prohibit federal funding and implement a total visa ban for Rhodesian athletes. However, Ca…
Political science (19 obras) · Law (18 obras) · Sociology (16 obras) · Law (11 obras) · Politics (11 obras) · Criminal Justice and Corrections Analysis (7 obras) · Human rights (7 obras) · International Law and Human Rights (7 obras) · Criminology (6 obras) · Psychology (6 obras)