Pardon: A Historial Institution, and Historically Contested

Abstract

This article briefly outlines the main aspects surrounding the institution of pardon. Beginning with its anchorage between Law and politics, where intense and profound ties born from its very nature are shown. It also deals with its historical origins, from which it raises numerous prejudices up to the present day. Next, the basic requirements of the old Spanish positive regulation are examined. Finally, after analysing the specific pardons which are the subject of this issue, we examine the features of the recently proposed reforms. The main conclusions recall its status as a legal and political hybrid, while underlining its maintenance in comparative law systems.