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eBook details

• Title: Self-Governing Codifications of English Criminal Law and Empire: The Queensland and Canadian Examples.
• Author : University of Queensland Law Journal
• Release Date : January 01, 2007
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 350 KB

Description

I INTRODUCTION The aim of this article is to situate the 1899 Queensland Criminal Code within the broader legal, political, and constitutional currents of 19th century efforts to codify English criminal law. The Queensland Code is celebrated as the unique and influential contribution of Samuel Griffith, who was inspired by Signor Zanardelli's liberal Italian Code to craft something that transcended the common law, qualities that led to its adoption in widely different settings by way of lineal influence on the 20th century Colonial Office Model Code. The context of the Queensland Code has been rather neglected, resulting in the somewhat whiggish impression that the Queensland Code was a unique product of Griffith's genius. This context includes a half century of failed English efforts at codification, culminating in James Fitzjames Stephen's 1880 draft English Code bill, Griffith's primary reference beyond his 1896 Digest of applicable English and colonial legislation. It also includes the 'imposed' British imperial codifications (Thomas Macaulay's Indian Penal Code, 1837-60 and R.S. Wright's Jamaica Code, 1877) and the other 'self governing' jurisdiction codifications of English criminal law of the period (Canada's 1892 Criminal Code and New Zealand's 1893 Criminal Code Act, retitled the Crimes Act in 1908). Yet another key context is Griffith's own constitutional activities in the 1890s. This study explores the place of Griffith's code within this background and compares it with the Canadian code. It is argued that both efforts reflect ambitious political and constitutional objectives that went beyond more effective crime control. However, unlike the Canadian code, Griffith's effort reflects a comprehensive conception of codification originally promoted by Jeremy Bentham. While the Queensland code is not unique in this respect, it marks a departure from the Stephen code and the other 'first wave' self-governing jurisdiction codifications, and ranks with the Macaulay and Wright efforts as one of the significant, and arguably the best, 19th century utilitarian codifications of English criminal law.

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