How many self-styled ‘democracies’ allow their elected leaders to pardon convicted criminals by ‘executive action’, without reference to the ‘due process’ that applies to the rest of their people? (I’m referring of course to the roughly 1600 Capitol rioters whom Trump pardoned yesterday. Of course Biden has done the same, as outgoing President.)
The reason in America’s case may be the legacy of the colonial ties she escaped from in 1776. The new-minted USA ditched its ‘mad’ British monarch then, but not all his monarchical privileges. The American President is essentially a George III de nos jours. In certain circumstances he can do what the hell he likes. In this respect, British leaders, at least, could be said to be more democratically accountable than Trump.
I doubt, too, incidentally, whether any European rulers would be comfortable with their rich backers celebrating their electoral triumphs with Nazi (or ‘Roman’) salutes (https://www.theguardian.com/technology/2025/jan/20/trump-elon-musk-salute).
But you never know what might come. I have to say I’m troubled. I’m almost grateful that, at my age, I probably won’t live to see the final victory of ‘fascism’ (or whatever), in its 21st-century guise. Looking at the signs now, that guise will probably be late-stage capitalist, and scaringly technological. Look at Trump’s government, and his rich and nerdish backers. And be afraid; very afraid.
Porter’s Pensées 
The question of pardons is an interesting one.
There has been some controversy about the secretive use of pardons in Northern Ireland (link below). A royal pardon is a prerogative power, and although British courts do now think some such powers are justiciable, it seems the pardon is not one of them, though I’m not a lawyer and it is a complex area. Essentially the monarch acts on the advice of the executive, so there is little formal restraint.
Similarly in Spain the monarch acts on the advice of the executive, though there is a constitutional ban on ministers pardoning themselves. I think the Spanish courts are more activist regarding justiciability.
What’s really odd about Joe Biden’s pardons is that in some cases they are pre-emptive. As far as I know, that could not happen in the UK or Spain. And nobody seems certain as to whether Trump could pardon himself or not, though given the Supreme Court ruling on presidential immunity that may be unimportant.
https://commonslibrary.parliament.uk/royal-prerogative-of-mercy-a-question-of-transparency/
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Hello Bernard, Wait until the end of the first 100 days…..see what has happened. We can all so easily imagine what it might be like, as we all know about the 1920s and 1930s….as well as recognising the Pain factor. You are right to suggest it might be difficult…..the tech that is out of the bag and the people who control are much more scary than the politicians, in my view. Trump is also 78 years old. How long can he go on frying himself under that sun lamp? The prospect of his decease in office is more scary, due to the nature of the current VP. More US presidents have died in office, than UK PMs….. Trumps’ ignorance will also count. His observations about President McKinley show he has no grasp of past events – something will emerge…..just like ti did for Nixon…. Take heart, it is my view that there are still more wise people than wicked ones – it’s just that the wicked one’s get the press coverage..it’s all wrong! Best regards John E >
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