The exception that proves the rule. Pardon, judiciary and ministerial memoranda between the XIXth and the XXth century

The aim of the contribution is to observe the “hazy” areas of the court system by adopting a specific point of observation: the “pardon”. The pardon lies at the crossroads of powers and functions of the State, a strategic position which makes the boundaries both among powers and the dimensions of politics and law more flexible. The pardon cannot be trapped into definitions and rigid procedures. Its function is left to its practice, which is also documented by ministerial memoranda. They not only contain orders coming from the justice minister, but they also gather the requests made and the solutions found in the suburbs of the Kingdom. The real functioning of the prerogative of the pardon shows the existence of an ambivalent system. It is theoretically founded on the principle of exclusivity of the legislative source, but pragmatically speaking, the theoretical principle can only work through the prediction of “safety valves” such as the pardon, which make the system flexible and allow other legal sources to enter.