ABSTRACT
The paradigmatic pardon power for a governor-general exercising the prerogative of mercy on behalf of the sovereign overseas generally includes many components that mirror the traditional power as exercised in Britain itself. This chapter provides an overview of constitutional clemency mechanism in the common law world. It explores constitutional provisions specific to death penalty cases and to actual innocence claims. The structure of mercy ranges from an executive acting alone in the decision-making process to a board acting alone, with many constitutions requiring an executive consult. Many constitutions provided that the executive may consult with another minister, the cabinet, and a constitutionalization of the British colonial practice. At a recent death penalty conference, the Advisory Committee on the Prerogative of Mercy was revealed to meet at secret locations and to base its decisions on moral grounds, the specific facts of a case, and public interest. Several federal constitutions provide for complementary and overlapping clemency powers by national/state executives.
