Sentences with phrase «against judicial discretion»

When Scalia used the phrase — intending to show that the best vision of the rule of law is that it just * is * the law of rules — he was trying to make the case against judicial discretion in interpretation.

The traditional bastion of sober second thought — our courts — are facing an all - out assault against judicial discretion with mandatory minimum sentences and the wholesale pillaging of the conditional sentence regime.

Not exact matches

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.