Sobre el control jurisdiccional de los Decretos de indulto

Authors

  • Tomás-Ramón Fernández

Keywords:

Right of grace, pardon, judicial review, discretionary, arbitrariness

Abstract

This study analyses the lastest decisions of the Supreme Court that rectify the traditional doctrine considering the right of grace as an entirely free discretion of the Government and declare that judicial review of pardon Decrees must be enlarged to the verification of two points: first, if facts reality give enough support to the reasons required by law-maker; and, second, if the taken decision keeps logical consistency with them, under penalty of falling for unconstitutional arbitrariness.

Issue

Section

CASE LAW