That's the question I am answering The point is obviously not to suggest an inverse of the rule of law — indeed, that's why this power so obviously needs to be
constrained by duties.
The exercise of the discretion is
constrained by the duty of fairness and the obligation to act honourably for the public and the administration of justice under Rule 4.01 (4) of The Law Society of Alberta's Code of Conduct.
Not exact matches
Further, it suggests that we ought, that we have a right and indeed that we have a
duty, to draw our own freedom into a disciplined constraint, on a universalist basis even when, or perhaps especially when, we are not
constrained to do so
by others.
Titles like Call of
Duty have become the primary example of how majorly successful franchises become
constrained by their own success, and can not venture too far off the beaten path for fear of losing the audience they currently have.
[82] Secondly, the Crown holds underlying title in the land for the benefit of the Aboriginal Group, and is
constrained by a fiduciary
duty to the group.
It is undesirable because it would be a considerable intrusion
by the courts into the workplace, it has a real potential to
constrain efforts to achieve increased efficiencies, and the postulated
duty of care is so general and broad it could apply indeterminately.