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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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Kennedys—Milan Devani

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Chief information officer appointment strengthens technology leadership

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Firm strengthens Wilmslow team with two solicitor appointments

DWF—Ian Plumley

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Londoninsurance and reinsurance practice announces partner appointment

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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