Commonwealth Lawyers Association ("CLA") President, Steven Thiru, considers when the exercise of the pardon power upholds justice and when it risks undermining it.
He examines the legitimate purposes of the pardon power, including correcting miscarriages of justice and mitigating disproportionate punishment.
Drawing on examples from several jurisdictions, he highlights how executive clemency can undermine accountability and public trust when misused to favour political allies or place powerful individuals beyond the reach of justice.
Steven considers the role of judicial review in ensuring that executive clemency remains subject to constitutional constraints.
He underscores the importance of exercising clemency through principled and accountable processes that uphold the rule of law and maintain public confidence in the impartial administration of justice.
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*The views expressed above and in the linked article are solely those of the author. Their republication does not necessarily imply endorsement by the Malaysian Bar.