Sentences with phrase «if judicial discretion»

If judicial discretion is problematic, the exercise of that discretion perhaps ought to be problematic whether its effect is clearly visible or not.

Not exact matches

Even if Congress passes a law allowing the Treasury Department to have incredible discretion in reorganizing financial companies, that does not mean that the actions are exempt from judicial review.

If only the public would rally around legal aid funding, protest legislative limits to judicial discretion, and defend the virtues of a self governing legal profession as we do.

If it does, we may see a new, different age of judicial discretion: judges who want to slavishly follow the Guidelines will be free to do so, and judges who want to take 3553 (a) seriously and give non-Guidelines sentences will be free to do so.

(1) if mandatory minimums are an unjustifiable fetter on judicial discretion, then why would caps on sentences be justified?

The AG who can fulfil their duties with judicial discretion and independence is a keeper even if they are considered the «white tiger of the legal profession» by some.

C.A., Sept. 27, 2010)(33959) April 5, 2013 There is not and should not be a rule of public policy precluding the applicability of issue estoppel to police disciplinary hearings based upon judicial oversight of police accountability; instead there should be a flexible approach, whereby courts have the discretion to refuse to apply issue estoppel if it will work an injustice, even where the preconditions have been met.

However, evidence obtained through an illegal search is not necessarily inadmissible; there is a judicial discretion to admit illegally obtained evidence if its admission would not operate unfairly against the accused.

They are: to give judges discretion on whether to grant permission for a challenge if they are of «exceptional public interest»; and to allow judicial committees to decide the level at which individuals who fund cases will have to be identified.

On the other hand, the Court found that if the Parliament finds the petition admissible, further actions taken are not amenable to judicial review, because the Parliament has a broad discretion of political nature as to how the petition is further dealt with, «regardless» of whether the Parliament deals with the petition directly or further refers it to other competent authorities.

Lord Judge stated that it was open to the individual state to make statutory provision for the imposition of a whole life minimum term and, if appropriate, as a matter of judicial discretion, for the court to make such an order; it was not for the European Court to intervene.

If you really want to stamp out unnecessary litigation, amend the Rules to allow for even higher costs, closer to full indemnity, and narrow judicial discretion around costs to impose mandatory costs for unreasonable positions, inflammatory conduct, and frivolous and vexatious behaviour.

Nothing in the safety valve prevents judges from sentencing prisoners at or above the mandatory minimum even if they are eligible for the safety valve, but simply allows judicial discretion to ensure that prison resources are being used where they can best protect public safety, and not wasted on nonviolent, low - level drug offenders.

One might think, for example, that if the Court's concern in this line of cases is about the dangers of judicial discretion, Alito's reading of state law would not necessarily solve the constitutional problem.

If hearsay is in principle admissible, Bonhoeffer nevertheless introduces a judicial discretion to exclude it regardless of s 4 «weight» if its admission would be unfair to the defendanIf hearsay is in principle admissible, Bonhoeffer nevertheless introduces a judicial discretion to exclude it regardless of s 4 «weight» if its admission would be unfair to the defendanif its admission would be unfair to the defendant.

If this court now concludes that all these cases were wrongly decided they present an open road and a fast car to the money maker who disapproves of the principles developed by the House of Lords that now govern the exercise of the judicial discretion in big money cases.»

At the discretion of the Board of Directors of the Board of which the award recipient, or the beneficiary of a settlement agreement, is a member, the Board may support the request for judicial enforcement in the court and, at the further discretion of the Board of Directors, reimburse the award recipient / beneficiary for costs incurred in seeking such enforcement if the courts do not award reimbursement of such costs.