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11 July 2019 / Athelstane Aamodt
Issue: 7848 / Categories: Features , Constitutional law
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Begging your pardon

In the UK, it is the courts & not the government that determines a person’s guilt, explains Athelstane Aamodt

Every Thanksgiving, the president of the United States ‘pardons’ a turkey. Unsurprisingly, there is no enumerated power for the president to do so in the US Constitution; it is merely a tradition.

The president does, however, have the power to pardon people; at Art II, s 2 of the US Constitution, it states that ‘... he [the President] shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.’ This power to reprieve and pardon has been used to varying degrees by presidents; Barack Obama pardoned 212 people and commuted the sentences of 1,715 people, although this pales into insignificance when compared with Andrew Johnson (Lincoln’s successor as president), who pardoned over 8,000 people—most of them ex-Confederates, including Jefferson Davis.

The president’s powers under the constitution are broad, and attempts to have the courts interfere have proved almost entirely unsuccessful. The Supreme Court has held that the president’s

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Laytons ETL—Maximilian Kraitt

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NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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