Sentences with phrase «by judicial discretion»

Praising a series of justices, Hittinger says that they «did not mean by fundamental rights a blank check that could be filled in by judicial discretion.»

Not exact matches

'' [t] he judge will... be forced to decide in advance of trial — and without hearing the evidence — whether he will forgo entirely his judicial discretion to impose some sentence of imprisonment and abandon his responsibility to consider the full range of punishments established by the legislature.

The supreme courts of both Canada and the USA ignore the rule of law and the corresponding sovereignty of the people by means of adopting «the rule of judicial discretion» as an alternative to legislated constitutional amendment.

Based upon complaints filed by, among others, Washington DC based Judicial Watch, the Commission had sought to remove Judge Kendall from the bench on the basis of criticisms of his bail and sentencing decisions in specific cases, none of which had ever been appealed and each of which was soundly within his legal discretion.

The Sentencing Working Group, chaired by Lord Justice Gage, is currently considering two main proposals: adoption of an American - style grid system that would drastically restrict judicial discretion and establishment of a Sentencing Commission that could be required to tailor sentencing guidelines to fit the size of the prison estate.

The Court of Appeal held — on a more or less technical judicial review basis — that the decision not to call J was within the local authority's discretion and could not be set aside by judicial review.

The article authored by Lauren Witten is titled «Proportionality As a Moral Process: Reconceiving Judicial Discretion and Mandatory Minimum Penalties,» and here is its abstract:

Plaintiff contends the judge abandoned any and all independence in judicial discretion or liberty he may have wished to exercise when, he accepted the introduction of the legal briefs submitted by counsel.

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.

Justice Brown found that the whether or not the court should exercise its discretion to hear a moot appeal, is guided by the following test: (i) whether the issues can be well and fully argued by parties who have a stake in the outcome; (ii) the concern for judicial economy; and (iii) the need for the court to remain alive to the proper limits of its law - making function in order to avoid intrusions into the role of the legislative branch.

The governor will make judicial appointments with full discretion, which must then be confirmed by the senate.

Reducing judicial sentencing discretion means that judges are less able to consider the circumstances of the offence and ensuring that any sentence is responsive to the historic disadvantage experienced by offenders from marginalized groups, including women.

Reasons for judgement were released this week by the BC Court of Appeal addressing the current landscape of judicial discretion when awarding costs in cases with formal settlement offers in play.

In my continued efforts to track the judicial discretion of costs awards following trials with formal settlement offers in place, reasons for judgement were released recently by the BC Supreme Court, Vancouver Registry, addressing costs consequences were a jury award was some 25 % of ICBC's best pre-trial formal settlement offer.

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.

Concerns about limiting judicial discretion were raised by the Committee of Chief Judges but several speakers noted that trial courts would retain discretion over the remaining 50 % of any unclaimed class action residual funds.

This approach was, however, criticised by the minority on the basis that it was too vague and too wide, converting a legal principle into the exercise of judicial discretion.

87 % of Americans and 83 % of Republicans believe that mandatory minimums for nonviolent offenders should be replaced by a system focused on judicial discretion.

The legislation, led by Senate Judiciary Committee Chairman Chuck Grassley and Senate Democratic Whip Dick Durbin, improves judicial discretion at sentencing for low level offenders and helps inmates successfully reenter society, while tightening penalties for violent criminals and preserving key prosecutorial tools for law enforcement.

Accordingly, while the right to damages for an accident is vested at the time of the accident, it can be differentiated from the entitlement to prejudgment interest as it's subject to judicial discretion, meaning that there is no inherent right to any rate of interest until it is determined by a judge.

As was stated by L'Heureux - Dube J. in Willick at p. 734, «the diversity of possible scenarios in family law dictates that courts maintain a flexible standard of judicial discretion which does not artificially limit the adaptability of the Divorce Act provisions».

By contrast, judicial discretion over sentencing does not seem to pose a similar danger, perhaps because of an assumption that the judiciary will in general be more sympathetic to the liberty interests of the defendant.

In «Collusion: Judicial Discretion vs. Judicial Deception — The Impending Meltdown of the United States Federal Judicial System,» released in late December, Donovan details the alleged collusion he witnessed firsthand while representing clients in In Re: Oil Spill by the Oil Rig «Deepwater Horizon» in The Gulf of Mexico, or MDL 2179, over the past seven years.

First, recent Tory amendments whittling away at judicial discretion in sentencing by increasing the number of offences subject to mandatory minimum penalties will only create new and more tragic examples of cases where a manifestly unjust sentence is required by statute.

At present, a distinction is often drawn between restrictions imposed by European legislation, for example on habitat protection, and that offered by domestic law; European requirements are often shown greater deference by decision makers, and by the courts when discretion to quash (in judicial and statutory review cases) is considered.

A provision adds that decisions by the Fund are final, subject to judicial review, and that the Committee has absolute discretion.

The overriding fact in this case admitted by the KBA, is that the attorneys lied to Judge Bamberger, and he is now to be punished by the KBA for exercising his proper judicial discretion.

Appellant argues that the trial court abused its discretion by taking «judicial notice» of a medical dictionary as a «learned treatise.»

Following the introductory section to the U.S. Code's chapter on judicial review of administrative agency decisions (5 U.S.C. Section 701), the amici state that judicial review ought to be presumptively available absent (1) a statute precluding judicial review, or (2) the FDIC's action being committed to its discretion by law.

It goes further by allowing, subject to judicial discretion, evidence of disposition which falls short of a conviction or acquittal but represents a type of behaviour, referred to as «other reprehensible behaviour» within CJA 2003.

US experience is also that even when judicial sentencing discretion is severely restricted, the growth of the prison population can still be affected by a variety of factors.

Where an order apparently infringed LP or LPP, absent a justification in main legislation, it could be saved only by a case management code, and not a regime of judicial discretion.

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.»

- In relation to the admission by the media, and any others with an interest in the proceedings, the Family Justice Council proposed a statutory checklist to guide the exercise of judicial discretion in determining such an application.

Increasingly, the workings of civil society and government are frustrated by an idea that unwritten rules or judicial discretion can trump written laws.

The Committee is concerned by the government bill in which it would be stated, contrary to a judicial decision, that ratification of human rights treaties does not create legitimate expectations that government officials will use their discretion in a manner that is consistent with those treaties.

Others have represented this bill by claiming that it eliminates judicial discretion.

Although any presumption cries out for the exception in an area as idiosyncratic, and, as Judge Mack points out, [FN198] as important custody law, the benefits of limiting judicial discretion can outweigh the disadvantages, provided the standard adopted relates directly to the child's welfare and is not applied by rote.