Reasons for invalidating

On 3 March 1999, the National Assembly resolved that “the House, having reconsidered the Liquor Bill [B 131B-98], returns it to the President”. On 8 March 1999, the President referred it to this Court for a decision on its constitutionality.

In doing so, he invoked his power pursuant to section 84(2)(c) of the Constitution, which provides that the President is responsible for “referring a Bill to the Constitutional Court for a decision on the Bill’s constitutionality”.

An unacceptable likelihood exists that the brutality or cold-blooded nature of any particular crime would overpower mitigating arguments based on youth as a matter of course, even where the juvenile offender's objective immaturity, vulnerability, and lack of true depravity should require a sentence less severe than death. In chilling, callous terms he talked about his plan, discussing it for the most part with two friends, Charles Benjamin and John Tessmer, then aged 15 and 16 respectively. Crook's bedroom, where he recognized her from a previous car accident involving them both.

When a juvenile commits a heinous crime, the State can exact forfeiture of some of the most basic liberties, but the State cannot extinguish his life and his potential to attain a mature understanding of his own humanity. The United States is the only country in the world that continues to give official sanction to the juvenile penalty. Simmons proposed to commit burglary and murder by breaking and entering, tying up a victim, and throwing the victim off a bridge. Simmons later admitted this confirmed his resolve to murder her.

Slow speeds, patchy availability, ludicrous costing, inhibitive ‘download limits’, and the government’s recent invasive decision to institute data retention have made Australia something of a developing country when it comes to the internet.

Pretty depressing when you consider we invented Wi Fi.

While drawing the line at 18 is subject to the objections always raised against categorical rules, that is the point where society draws the line for many purposes between childhood and adulthood and the age at which the line for death eligibility ought to rest. (c) The overwhelming weight of international opinion against the juvenile death penalty is not controlling here, but provides respected and significant confirmation for the Court's determination that the penalty is disproportionate punishment for offenders under 18. It does not lessen fidelity to the Constitution or pride in its origins to acknowledge that the express affirmation of certain fundamental rights by other nations and peoples underscores the centrality of those same rights within our own heritage of freedom. Simmons assured his friends they could "get away with it" because they were minors. on the night of the murder, but Tessmer left before the other two set out. Using duct tape to cover her eyes and mouth and bind her hands, the two perpetrators put Mrs. They reinforced the bindings, covered her head with a towel, and walked her to a railroad trestle spanning the Meramec River.

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304, that the Eighth Amendment, applicable to the States through the Fourteenth Amendment, prohibits the execution of a mentally retarded person. (a) The Eighth Amendment's prohibition against "cruel and unusual punishments" must be interpreted according to its text, by considering history, tradition, and precedent, and with due regard for its purpose and function in the constitutional design. 302, 334, that the Eighth Amendment did not mandate a categorical exemption from the death penalty for mentally retarded persons because only two States had enacted laws banning such executions. The Court also returned to the rule, established in decisions predating at 319-320, the Court ruled that the death penalty constitutes an excessive sanction for the entire category of mentally retarded offenders, and that the Eighth Amendment places a substantive restriction on the State's power to take such an offender's life, . Although, by contrast to in that respect is counterbalanced by the consistent direction of the change toward abolition. (2) Rejection of the imposition of the death penalty on juvenile offenders under 18 is required by the Eighth Amendment. Their own vulnerability and comparative lack of control over their immediate surroundings mean juveniles have a greater claim than adults to be forgiven for failing to escape negative influences in their whole environment. The reality that juveniles still struggle to define their identity means it is less supportable to conclude that even a heinous crime committed by a juvenile is evidence of irretrievably depraved character. The same reasoning applies to all juvenile offenders under 18. 361 (1989), a divided Court rejected the proposition that the Constitution bars capital punishment for juvenile offenders in this age group. At the age of 17, when he was still a junior in high school, Christopher Simmons, the respondent here, committed murder.On 19 March 1999 the President of this Court issued directions, attaching the President’s notice of referral, and inviting the President himself and the government of the Republic of South Africa, any political party represented in the National Assembly, any provincial delegation represented in the National Council of Provinces and any provincial government to make representations to the Court concerning the constitutionality of the Bill, and requiring any party wishing to do so to give notice of its intention, and to indicate whether it wished to lead evidence and if so the purpose and relevance of that evidence.In response, the Western Cape government indicated that it wished to be represented and to place before the Court affidavit evidence of the regulation of liquor and liquor licensing in the Western Cape, in South Africa and in comparable jurisdictions, “showing that it is not necessary to have national legislation on liquor licences for any of the purposes set out in section 44(2)”.This has lead to the same issues with mental illness that abound all over the world, and especially so for men.We’re not encouraged to ask for help or talk about our feelings, and this has lead to a number of tragedies in which people who could have been helped take the drastic step of suicide when they could have been saved. I’m not a hugely political person, but when I’m forced to shake my head at the state of affairs in my home country on a nearly daily basis, it’s cause for concern.