Commutation Clause and Proportionality between Crime and Punishment: Reflection on Severe Drug Policy from J.Y. Interpretation No. 790
J.Y. Interpretation No. 790 declared that Article 12(2) of Narcotics Endangerment Prevention Act unconstitutional because of violation of the Article 23 of the Constitution, the principle of proportionality in proportionality between crime and punishment. However, the confession commutation clause of Article 17(2) does not include Article 12(2), which is not in violation of Article 7 of the Constitution and is constitutional. There is a significant impact on drug policy. This article takes J.Y. Interpretation No. 790 as an example, explaining the practical thinking in commutation clause behind drug cases, the application and limitation of proportionality between crime and punishment, and to reflect the severe drug policy.