Sentences with phrase «broad judicial discretion»

Many have argued that regimented sentencing laws should be eliminated and replaced with broad judicial discretion.

The Minister described s. 87 as a «big step forward» because the Family Relations Act, R.S.B.C. 1996, c. 128 [FRA] did not provide any guidance on setting a valuation date and there had been considerable criticism of the broad judicial discretion to determine the date: BC, Legislative Assembly, Official Report of Debates (Hansard), 39th Parl., 4th Sess., Vol.

Not exact matches

This broad discretion rests largely on the recognition that the decision to prosecute is particularly ill - suited to judicial review.

In a stunning act of judicial deference this keen use of the broad discretion to award costs has allowed a personal injury claimant to recovery the legal costs of a claim despite dismissal of the action.

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.

These principles recognize the critical importance of judicial sentencing discretion and suggest the touchstone of federal sentencing should be district courts exercising reasoned judgment in response to case - specific factors and broader norms established by the Constitution and Congress.

In the late 1970s California and several other states adopted a form of statutory guidelines, narrowing judicial discretion and, in most of these states, replacing broad parole - release discretion with good - time credits and a fixed period of post-prison supervision.

Given the keen interest of the diverse parties following this litigation closely, and the potential learning value of this case to a broad audience beyond, this case presents an ideal instance in which judicial discretion should be exercised under the auspices of the rule to admit Internet to the courtroom.

However, Gall and Kimbrough ultimately have more to do with judicial discretion and appellate review than with the Sixth Amendment, and back in 1996 the Court came together in Koon to deliver a unanimous ruling (per Justice Kennedy) that embraced broader district court sentencing discretion and light appellate review.