Comparative Common Law Extradition and the Executive-Judicial-Individual Relationship (working title)
Extradition, the legal process through which individuals are surrendered from one jurisdiction to another for the prosecution of alleged criminal offences or the imposition of punishment, is a central response to transnational crime. Most scholarship that studies extradition or includes it within its scope focuses on its international or transnational dimensions. Yet extradition relies on domestic procedures that engage the coercive powers of the state, particularly those that overlap with its criminal law system, such as the power to arrest and detain, and potentially the power to search for and seize evidence. This dimension of extradition, and the implications for rights protection that it entails, necessitates examination beyond mere interstate cooperation to assess the impacts that it has on the individuals caught up within an extradition process. This project will foreground the individuals sought by the proceedings and their particular legal concerns. Specifically, this project undertakes a multidisciplinary comparative analysis to extradition law and practices in four common law jurisdictions (Canada, the UK, Ireland, India), centering on the rights of the sought individual.