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Presidential Power Unbound: A Comparative Look at Presidential Pardon Power
Author(s) -
Baumgartner Jody C.,
Morris Mark H.
Publication year - 2001
Publication title -
politics and policy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.259
H-Index - 23
eISSN - 1747-1346
pISSN - 1555-5623
DOI - 10.1111/j.1747-1346.2001.tb00590.x
Subject(s) - presidential system , executive power , power (physics) , decree , democracy , political science , politics , law and economics , law , sociology , physics , quantum mechanics
Though few scholars compare presidencies, a recent collection by John Carey and Matthew Shugart (1998) compares the use of the presidential executive decree power in several countries. In a similar vein, we examine the oft‐neglected power of the presidential pardon in the United States and Russia. The power of presidents to grant pardons is typically unlimited, which fact alone makes it worthwhile to understand. Like Carey and Shugart, we look at the institutional factors involved in the potential and actual use of the pardon power in our attempt to explicate the foundations of and the constraints on presidential pardons, as well as any trends which may be evident in its use. The comparison highlights the difficulties in precisely defining “pardon,” as well as illustrating the fact that this seemingly minor power in a newer democracy can be used as a powerful political tool.