is there a reason executive branches have pardon power, it seems extremely weird
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I guess pardoning would be more like jury nullification and less like a judge overriding a jury on this view
Yeah, the formal as opposed to practical power is granted by the constitution in the US. I would guess originated from an equivalent power of the English monarch but that's not much more satisfying in terms of what you're asking
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that actually does make more sense in a common law context, and even gives more reason why it should be eliminated so I'll take it
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