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vol.11 issue1THE JUDGES AND THE RESOLUTION OF ANTINOMIES FROM THE PERSPECTIVE OF THE SOURCES OF THE CHILEAN CONSTITUTIONAL LAWNEW CONSTITUTION AND CONSTITUENT OPERATION: SOME NOTES CONCERNING THE CONSTITUTIONAL REFORM AND OF THE CONSTITUTIONAL ASSEMBLY author indexsubject indexarticles search
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Estudios constitucionales

On-line version ISSN 0718-5200

Abstract

BECA FREI, Juan Pablo. PRESIDENTIAL PARDON: IMPROVEMENT OF AN ANCIENT LEGAL INSTRUMENT TOWARDS THE PROTECTION OF FUNDAMENTAL RIGHTS. Estudios constitucionales [online]. 2013, vol.11, n.1, pp.477-510. ISSN 0718-5200.  http://dx.doi.org/10.4067/S0718-52002013000100013.

A pardon is a presidential power of ancient data and traditional development in our country, being a discretionary power tends to the violation of fundamental rights as well as the possible infringement of international law, hence this legal instrument has brought harmful consequences in the application of justice, a phenomenon that usually occurs when such power is improperly exercised. According with what has been explained a critical analysis is developed concerning the advantages and disadvantages of this legal instrument, focusing on the present requirements of the Rule of Law in relation to the respect for fundamental rights, which has urged us to call for a debate on the existing legislation on the subject. In order to achieve that goal, this workpresents a modern proposal, which expects to increase transparency in the exercise of this power, so that generates equity and contributes to the common good of oursociety.

Keywords : Presidential pardon; Rule of Law; Fundamental Rights.

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