International assistance

The role of international or external support for national processes of constitution building has an instrumental impact on the design of these processes and the institutional choices that ultimately are framed in constitutions.

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Training programme

The new Constitution Builders CONNECT Resource – is an interactive training tool that reinforces sharing experiences as a means to building the capacity of practitioners to solve some of the dilemmas that they face in constitution building.

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Handbook

The Handbook reviews and discusses some of the institutional and procedural design choices that practitioners have recently considered during contemporary constitution building.

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Issue papers

Selected issues are considered at length based on emerging and ongoing dialogues among practitioners and specialists.

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Multimedia

A collection of multimedia resources from and about constitution-building processes.

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Web links

The web links provide a comprehensive list of relevant organizations and partners working in constitution building and related subjects.

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§ Note: this is background material. The final handbook is available online in PDF format.

The ability to grant amnesty or pardon represents significant power in the legislature. Most legislatures either have this power or do not. When the legislature does not have the ability to grant amnesty or pardon, the executive branch usually holds this power. Sometimes the legislative and executive branches both have this power and either can independently grant pardon or amnesty. In other cases, the executive and legislative branches are required to act jointly to grant amnesty or pardon. Finally, it is also of note that while some constitutions draw a distinction between amnesty and pardon, others do not. It is therefore possible that a legislature has one power but not the other. Below the powers are discussed together but the same descriptions apply when only one of the powers is at issue.

Exclusive Amnesty or Pardon Powers
Under some constitutions, the legislature is the only branch or body with the power to grant amnesty More information

Provisions

The Constitution of the Italian Republic (1948, as Amended to 2003)Article 79Amnesty and indult (indulto) are granted by means of a law passed by a two-thirds majority of the members of each Chamber, as to each article and in a final vote.The law which grants amnesty or indult is the final determination with respect to their application[s]. In each case, amnesty and indult are not applicable to offenses committed following the presentation of this bill.
Independent Amnesty or Pardon Powers
In some countries the legislature, acting alone, has the power to grant amnesty or pardon. Even if the power to grant amnesty or pardon is not exclusively vested in the legislature – that is, even where the executive also has the power to grant amnesty or pardon – the ability to exercise these powers increases the legislatures capacity to act, and therefore, indicates a high level of power More information

Provisions

The Constitution of the Republic of Serbia (2006)Article 99 CompetencesThe National Assembly shall: 12. grant amnesty for criminal offenses.Article 105 Method of decision making in the National AssemblyThe National Assembly shall adopt decisions by majority vote of deputies at the session at which majority of deputies are present.By means of majority vote of all deputies the National Assembly shall:1. grant amnesty for criminal offenses,Article 112 CompetencesThe President of the Republic shall: 7. grant amnesties and award honors,The Constitution of the Republic of Ecuador (1998)Article 130.The National Congress has the following duties and powers:15. Concede general amnesties for political crimes and pardons for common crimes through the favorable vote of two-thirds of its members. In both cases, the decision shall be justified when humanitarian motives intercede. Pardons shall not be granted for crimes committed against the public administration and for the crimes mentioned in the third paragraph of number 2 of Art. 23.Article 171 The following are the powers and duties of the President of the Republic:20. Pardon, decrease or commute sentences, in conformity with the law.

 

Joint Amnesty or Pardon Powers
Some legislatures have the power to grant amnesty and pardon only in conjunction with the executive. For example, a grant of amnesty or pardon may be made only upon proposal of the executive. More information

Provisions

Constitution of the Republic of Tajikistan (1994, as Amended to June 22, 2003)Article 59Bills are introduced to the Majlisi Namoyandagon.Amnesty bills are introduced to the Majlisi Namoyandagon by the President of the Republic of Tajikistan.Article 60The laws on the State budget and amnesty are adopted only by the Majlisi Namoyandagon.
No Amnesty and Pardon Powers
Under some constitutions, the legislature is not empowered to grant amnesty or pardon. More information

Provisions

Constitution of the Federal Democratic Republic of Ethiopia (1995)Article 71Powers and Functions of the President7. He shall, in accordance with conditions and procedures established by law, grant pardon.

The Constitution of the Kingdom of Spain (1978, as Amended to 1992)Article 62It is incumbent upon the King:i) To exercise the right of clemency in accordance with the law, which does not include general pardons.

The Constitution of the Islamic Republic of Afghanistan (2004)Article Sixty-FourThe President’s power and duties shall be as follows:18. Reducing and pardoning penalties in accordance with the provisions of law.

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