caa a22 4500 605462798 CHVBK 20210128100250.0 cr unu---uuuuu 210128e20150801xx s 000 0 eng 10.1007/s10991-015-9166-7 doi (NATIONALLICENCE)springer-10.1007/s10991-015-9166-7 Foster Steve Coventry Law School, Coventry University, CV1 5FB, Coventry, UK aut Whole Life Sentences and Article 3 of the European Convention on Human Rights: Time for Certainty and a Common Approach? [Elektronische Daten] [Steve Foster] Whether the law should reserve the power to impose a whole life sentence on an individual found guilty of murder in the most serious cases raises issues surrounding just punishment, public protection and a humane criminal justice system. The prospect of a prisoner being incarcerated for their whole life—as opposed to receiving a life sentence where they will be considered for release on license for life after a determined, or flexible term, begs the question whether such sentences are inconsistent with the liberty and dignity of the prisoner. In addition, there are two related questions: whether each individual state (within the Council of Europe) should be at liberty to promulgate and apply its own domestic rules in this area, or whether a supra national court—the European Court of Human Rights—should lay down common standards for all states, such rules being based on fundamental principles reflecting international human rights standards; and the extent to which any relevant domestic laws have to provide the prisoner and the domestic authorities with sufficient guidance on what factors will be taken into account when any such review takes place. These issues have been raised in a number of recent decisions—in both the European Court of Human Rights and the UK domestic courts—and this article examines these cases and attempts to assess the extent to which the Convention, and the jurisprudence of the European Court, requires the regulation of domestic law with respect to the passing and review of such sentences. Springer Science+Business Media Dordrecht, 2015 Whole life sentences nationallicence Review and release nationallicence Inhuman and degrading punishment nationallicence Liverpool Law Review Springer Netherlands 36/2(2015-08-01), 147-169 0144-932X 36:2<147 2015 36 10991 https://doi.org/10.1007/s10991-015-9166-7 text/html Onlinezugriff via DOI BK010053 XK010053 XK010000 Metadata rights reserved Springer special CC-BY-NC licence nationallicence 1 research-article jats NATIONALLICENCE NATIONALLICENCE NL-springer NATIONALLICENCE 856 40 https://doi.org/10.1007/s10991-015-9166-7 text/html Onlinezugriff via DOI NATIONALLICENCE 100 1- Foster Steve Coventry Law School, Coventry University, CV1 5FB, Coventry, UK aut NATIONALLICENCE 773 0- Liverpool Law Review Springer Netherlands 36/2(2015-08-01), 147-169 0144-932X 36:2<147 2015 36 10991