Sentences with phrase «appellate judicial power»

A vote with Justice Breyer on «reasonableness review» would be a vote for nothing more than heightened appellate judicial power.

Not exact matches

In all the other Cases before mentioned [within the judicial power of the United States], the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.»

Rule 9.100 of the Florida Rules of Appellate Procedure states that a party may file a petition for writ of prohibition in an appellate court to prevent a lower tribunal from the improper use of judicial power.

The Model Penal Code: Sentencing project provides guidance on some of the most important issues that courts, corrections systems, and policymakers are facing today, including the general purposes of the sentencing system; rules governing sentence severity — including sentences of incarceration, community supervision, and economic penalties; the elimination of mandatory minimum penalties; mechanisms for combating racial and ethnic disparities in punishment; instruments of prison population control; victims» rights in the sentencing process; the sentencing of juvenile offenders in adult courts; the creation of judicial powers to review many collateral consequences of conviction; and many issues having to do with judicial sentencing discretion, sentencing commissions, sentencing guidelines, and appellate sentence review.

State courts have also recognized that legislative immunity provisions enshrined in state constitutions also protect this bedrock principle.12 Moreover, as one Florida appellate court noted, legislative immunity is integral to the constitutional separation of powers: «The power vested in the legislature under the Florida Constitution would be severely compromised if [the judicial branch could compel] legislators... to appear in court to explain why they voted a particular way or to describe their process of gathering information on a bill.»

Yet far from paralysing the Australian state into inaction by encumbering the legal system with an unwieldy distinction between judicial and non-judicial power, this limitation on the scope of judicial power prompted the development of the Administrative Appeals Tribunal, an expert administrative appellate body — presided over by a judge — which is expressly empowered to consider the «merits» of governmental action (Cane, 2009).