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Mercy and caprice under the Indian constitution

Abstract:

The Indian Constitution gives the executive the power to pardon offenders. The Supreme Court of India has repeatedly held that the executive must not grant or refuse pardons capriciously or arbitrarily. I raise two worries about this line of authority. The executive has its pardon powers in part so that it can show mercy. In one sense, mercy is about doing justice despite what the law requires. Were mercy in this sense shown consistently, it would imperil the rule of law. Caprice is the price...

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Publication status:
Published
Peer review status:
Peer reviewed
Version:
Accepted Manuscript

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Publisher copy:
10.1080/24730580.2017.1314173

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Department:
Brasenose College
Publisher:
Routledge Publisher's website
Journal:
Indian Law Review Journal website
Volume:
1
Issue:
1
Pages:
56-68
Publication date:
2017-07-13
Acceptance date:
2017-03-17
DOI:
EISSN:
2473-0599
ISSN:
2473-0580
Pubs id:
pubs:686345
URN:
uri:5f7ae232-9251-4960-895f-49ca10a4cbf1
UUID:
uuid:5f7ae232-9251-4960-895f-49ca10a4cbf1
Local pid:
pubs:686345

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