Presidential Pardon Power as a Mechanism to Maintain Constitutional Order

Abstract

The present Article analyses the political nature of the pardon power, its historical origins, and the essence of the mechanism to maintain constitutional order. The pardon power is an important mechanism in the hands of the Head of State to do politics and influence it. It is based on exclusive power and the idea of alienation. The Article analyses the prerogative of the Head of State to influence criminal law policy and the function of influencing justice. The Article develops a discussion about the exclusive nature of the pardon power and the necessity to interpret it according to constitutional principles. The Article analyses gaps in the Georgian model of pardon power, and dubious norms, and develops recommendations to improve the pardon power in Georgia and regulate it more clearly.

Keywords

• constitutional principles
• democracy principles
• principle of separation and balance of power
• principles of supremacy and inviolability
• principle of clarity
• rule of law
• head of state