Pardon: A Foreign Body in the Procedural System

Abstract

The pardon is an authentic —albeit very frequent— foreign body in a democratic system. It is a kind of safety valve that is activated when what is declared by Justice may cause greater harm than the benefits that the jurisdiction is called upon to produce. However, who is called upon to do this weighing up? This paper examines various reasons why the courts cannot be the repository of such a task. Since governments are also incapable of doing so, the alternative of parliaments, as representatives of the will of the people, being the ones to carry out this task is finally put forward.