The creation and evolution of criminal law in colonial and post-colonial societies

Abstract

Theoretical models of the legislative process are explored in order to seek an explanation of the phenomenon whereby post-colonial democracies frequently retain the legislation adopted by the imperial predecessor. This even applies to criminal codes, in spite of their presumed role in the controlling of colonial populations. A possible explanation is proffered in terms of a bureaucratic model of legislation, which seems to fit both colonial powers and some democracies. Under this model, the character and content of the legislation may depend as much upon the personalities involved in its drafting and promotion, as upon political or structural factors.