Publication: Separation of Powers and Executive Clemency in the Civil Law World
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2020
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Routledge
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This chapter examines comparatively the executive clemency laws of several unitary and federal civil law systems, namely Argentina, Brazil, France, Germany, Greece, Lithuania, and Spain. It aims to compare and contrast different constitutional and legislative executive clemency mechanisms in correlation with specific separation of powers models. Executive clemency, sometimes known as the power to pardon or the prerogative of mercy, occupies an ever-present place in modern constitutional documents around the world. The power to pardon falls within the constitutional competence of the president. The Constitution of the French Fifth Republic was adopted in 1958, establishing a semi-presidential system of separation of powers. The power of the president to pardon such a crime and such a prisoner within a democracy where the rule of law prevailed was questioned at length by the media. The modern power to grant clemency falls within executive competence.
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Attribution-NonCommercial-NoDerivatives 4.0 International
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IE Law School
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Arias, S., & Kouroutakis, A. (2020). Separation of powers and executive clemency in the civil law world: A comparative study. In Executive Clemency (pp. 58-75). Routledge.