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Pardon Does not Forgive Democracy: Econometrical Analysis of Pardons in Spain

Author

Listed:
  • Juan Luis Jim nez

    (Universidad Las Palmas de Gran Canaria)

  • Jos Abreu

    (Universidad Las Palmas de Gran Canaria)

Abstract

The pardon is a legal, although controversial, instrument with a long history that persists in many different judicial systems across the world. The juridical literature often considers it to be a perversion in the separation of powers within the State, and the motivations behind it are always under scrutiny. In this paper we seek to establish whether there are specific factors that affect and determine pardons. Using a database of all pardons granted in Spain between 1995 and 2013, including our own elaborated individual data, the econometrical estimations produce the following conclusions: firstly, Spain s right-wing political party processes pardons faster than that of the left; secondly, and due to public concern, pardons are less frequent near elections; and thirdly, the higher the fine, the faster the pardon. These results show that the pardon is used in a discretionary way and in most cases greatly distorts the separation of powers that should provide the basis of any healthy democratic system.

Suggested Citation

  • Juan Luis Jim nez & Jos Abreu, 2016. "Pardon Does not Forgive Democracy: Econometrical Analysis of Pardons in Spain," Hacienda Pública Española / Review of Public Economics, IEF, vol. 216(1), pages 81-102, March.
    • Handle: RePEc:hpe:journl:y:2016:v:216:i:1:p:81-102
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    References listed on IDEAS

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    1. Kwon, Youngsun & Han, Seung Hun & Nam, Changi, 2012. "Estimating the costs of political populism: Traffic violation pardons in Korea," Transportation Research Part A: Policy and Practice, Elsevier, vol. 46(9), pages 1449-1457.
    2. Francesco Drago & Roberto Galbiati & Pietro Vertova, 2009. "The Deterrent Effects of Prison: Evidence from a Natural Experiment," Journal of Political Economy, University of Chicago Press, vol. 117(2), pages 257-280, April.
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    Keywords

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    JEL classification:

    • K14 - Law and Economics - - Basic Areas of Law - - - Criminal Law
    • P48 - Political Economy and Comparative Economic Systems - - Other Economic Systems - - - Legal Institutions; Property Rights; Natural Resources; Energy; Environment; Regional Studies
    • Z18 - Other Special Topics - - Cultural Economics - - - Public Policy

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