Description

The power to pardon is one of the most common constitutional powers, yet it seems to conflict with some of the most basic principles of constitutionalism. Contrary to the principle of the  separation of powers, a pardon power gives to a branch of government other than the judiciary  a  role in determining punishments in particular cases. Contrary to the rule of law, a pardon power is neither controlled by nor ruled by law. Hence the pardon paradox: pardon powers are  everywhere yet seem to belong nowhere. Here I resolve the pardon paradox. I explain why  there should be pardon powers, why the power should not be given to judges, and why the power should be (almost) free of legal constraints.

About The Speaker

Adam Perry is an Associate Professor in the Faculty of Law and Garrick Tutor and Fellow at Brasenose College. He holds a BA in economics from  the University of Winnipeg, an LLB from the University of Victoria, and BCL, MPhil, and DPhil degrees from the University of Oxford. He was a law clerk at the British Columbia Court of Appeal, and has held academic positions at the European University Institute, the University of Aberdeen, and Queen Mary University of London. He joined the Faculty of Law at Oxford in 2015.