Any discussion of human rights in post-colonial countries of Asia conducted from the perspective of Western civilization faces many obstacles, particularly related to existing differences, or even cultural barriers and different traditions. Postcolonial states, despite the remaining remnants of the colonial era-visible in their legal systems, that still contain normative acts adopted before obtaining sovereignty – very firmly resist to the adoption of the universal catalog of human rights set out in the UN Covenants, as well as the use of standards in their observance that are compatible with those made within the United Nations. Both – the so-called ideology of Asian values, as well as the concept of the ASEAN community is not conducive to the creation of international binding legal framework and does not allow (or even leading in the future) to create a universal system of human rights protection. On the contrary – it leads to the deepening ideological differences or even philosophical, in the further development of democracy among Western countries and Asia. From the perspective of European constitutional law, it may be interesting to see the arguments of post-colonial Asia judges on the issue of the division of power in the context of judicial activism and the protection of constitutional values. The purpose of this publication is to present the views of Singapore’s judiciary in connection with the reforms introduced in 2013 that abolish the mandatory death penalty for certain crimes together with the possibility of replacing it by a court decision with life imprisonment and flogging.

For centuries, the death penalty has been a subject of interest not only to lawyers, political scientists, philosophers or psychologists, but also to representatives of various types of organizations, including non-governmental organizations and politicians. The death penalty is the merciless murder of a human being, committed premeditatedly by the state in the name of justice. It is a violation of the right to life guaranteed by the Universal Declaration of Human Rights. It is the most cruel, inhuman and degrading punishment. A mistake cannot be eliminated, which is all the more dangerous because the death penalty is an irreversible punishment. The death penalty was and still is sometimes treated as a political tool, used to eliminate inconvenient opponents. In Poland, the last execution was carried out in 1988, followed by a moratorium on the adjudication and execution of the death penalty, and finally amended legislation. Today Poland is a member of the Council of Europe and the European Union, which strictly oppose the death penalty. However, there is no shortage of voices, both among politicians and the public, to reinstate the death penalty for the most serious crimes. This article presents the history of the death penalty in Poland and selected contemporary views, on the possibility of reinstating the death penalty in Polish criminal law.