Sentences with phrase «given judicial discretion»
Sen. Pat Gallivan on Monday questioned whether the state Legislature even needs to act on bail, given judicial discretion.
http://www.nystateofpolitics.com/ Not exact matches
The white paper also draws (selectively) on earlier judicial statements to argue that in matters of foreign policy and national security, a certain level of discretion is to be given to the executive.
However, it does add an interesting twist to the ongoing debate around judicial discretion in violent crime sentencing, given the federal government's tough - on - crime agenda.
If it does, we may see a new, different age of judicial discretion: judges who want to slavishly follow the Guidelines will be free to do so, and judges who want to take 3553 (a) seriously and give non-Guidelines sentences will be free to do so.
Four retired senior judges have warned Peers that judicial independence is at risk from plans to give judges discretion over how much weight to attach to European Court of Justice decisions after Brexit.
While such cases are likely to raise human rights issues, and thus import into the judicial consideration questions of proportionality and a relatively intensive scrutiny of the decision, it remains the case that, given the wide discretion afforded to the minister under IA 2005 and the nature of the competing interests, the courts are likely to be wary to intervene other than in the clearest of breaches.
They are: to give judges discretion on whether to grant permission for a challenge if they are of «exceptional public interest»; and to allow judicial committees to decide the level at which individuals who fund cases will have to be identified.
As to whether a court will allow expert evidence to be given to a jury in relation to any sample recovered and compared to the defendant, this is a matter for judicial discretion.
However, one may question whether the EFTA Court is not going very far here in reviewing the appropriateness of domestic judicial decisions in a field where EEA law expressly gives discretion to EEA EFTA States — in deliberate contrast to the constraints imposed on EU Member States under the preliminary reference procedure.
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.
Had the government got its way during the passage though Parliament of the Justice and Security Bill in removing judicial discretion, Lord Nueberger would have probably given a rather different judgment.
It is time to moderately limit judicial discretion and tell the courts that they should be giving far greater consideration to equal parenting.