Constitución y amnistía
Year: 2024
Type: article
Abstract: The thesis that will be defended in this study is that the Cortes Generales not only do not have the exceptional power to grant amnesties constitutionally attributed, but that from a systematic interpretation of the Constitution it is possible to deduce the existence of an implicit prohibition of amnesty. Firstly, the constituent debated and expressly rejected the possibility of including the granting of amnesties as a power of the Cortes Generales. Secondly, the inclusion in the Constitution of an express prohibition on granting general pardons must be interpreted as an implicit prohibition on granting amnesties. Thirdly, the amnesty contradicts basic principles of the rule of law such as equality in the application of the law and the exclusivity of the judicial power to judge and enforce what is judged. These principles can only be excepted if there is an express constitutional authorization.
Author: Javier Tajadura Tejada
Institution: University of the Basque Country
Language: Spanish
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4401395575