La amnistía en la Constitución: los constitucionalistas divididos

Authors

  • Javier García Roca

DOI:

https://doi.org/10.18042/cepc/redc.131.01

Abstract

I notice more relevance in the political criticism or the legitimacy of the amnesty than in the legal reproaches of its constitutionality. The amnesty is integrated into the legislative function: the intervention of the law transforms its nature and places the problem among the sources of Law, far away from pardon. Constitutional silence is not equivalent to an implicit prohibition and cannot be reasoned by analogy in article 62.i CE. In our constitutional history, constitutional silence did
not prohibited amnesties. Comparative Constitutional Law also shows the practice of amnesties approved by law without constitutional provision. Generally speaking, the amnesty does not violate the rule of law, the division of powers, due process, or equality before the law, but it is an exceptional discipline that must have limits.

Published

2024-08-07

Issue

Section

STUDIES