Category: Constitutional Law

The Pardon Paradox

Almost every constitution in the world confers a power to pardon.  Pardon powers are found in the constitutions of old states and new states, Western states and non-Western states, states with a Christian tradition and states without one. Pardon powers are part of the constitutions of states as diverse as France, Indonesia, Peru, Russia, the United […]

New Draft Paper: Government Mercy

I’ve been working on a series of papers about mercy. My latest is a discussion of when the government acts mercifully, if indeed it ever does. Here’s the abstract: A pardon is an act of mercy according to the law, but is a pardon mercy in an ordinary or genuine sense? What distinguishes a pardon […]

Entrenching and Undercutting

Nick Barber has an article titled ‘Why Entrench?’ coming out in the International Journal of Constitutional Law (available on SSRN). Among other things, the article is about the kinds of entrenchment there are, the reasons there are for entrenchment, and how the two match up. I really like the piece: it’s clear and persuasive, with […]