Sentences with phrase «judicial discretion»
"Judicial discretion" means that judges have the power to interpret and apply the law based on their own judgment and understanding of the specific case, rather than being strictly bound by the law's exact words. They can use their discretion to make decisions that are fair and just, taking into account all relevant factors and circumstances. Full definition
The background to the case — another exercise of judicial discretion in another «not very big money case» — is dealt with later.
newlawjournal.co.uk
You were able to see that the official opposition is concerned about the loss of judicial discretion in specific cases when the accused had to demonstrate that they were unable to pay.
Such a government can pass legislation providing for greater guidance on cost regimes in the public interest, thereby providing basis for judicial any discretion in this area.
In my view, when administrative decision - makers come into contact with the ordinary courts, reference to legislative intent may provide a more promising analytical framework than reliance on judicial discretion.
It aims to create more uniform sentences and reduce disparities, while preserving judicial discretion when needed.
This standard opened up the possibility of excessive judicial discretion as well as a threat of inconsistency in the results, resulting in hotly contested custody battles.
They have a motive to trash anything that suggests that judicial discretion at sentencing is a bad thing.
Such personal characteristics of the claimant as might have prevented him from acting as a reasonable person would have are a matter for judicial discretion under s 33.
This expectation is intended to promote sensible conduct throughout court proceeding; it exists notwithstanding the broad judicial discretion to depart from the principle, which is generously built into the Rules.
Would a similar case brought to the first level have to follow the precedent set by the higher court, or is there judicial discretion available when it comes to case precedent?
Others have represented this bill by claiming that it eliminates judicial discretion.
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.
Whilst this approach is unlikely to be adopted now, it is a bold suggestion in an environment of entrenched judicial discretion.
From these principles, it follows that legislation should also be drafted to minimize judicial discretion.
If judicial discretion is problematic, the exercise of that discretion perhaps ought to be problematic whether its effect is clearly visible or not.
The former creates a constitutional basis, and the latter is primarily formed through judicial discretion or public policy.
As shared parenting isn't suitable for every family, proposed legislation maintains judicial discretion to deal with circumstances like abuse, neglect, or abandonment.
It is time to moderately limit judicial discretion and tell the courts that they should be giving far greater consideration to equal parenting.
Rather than making a decisive statement on this issue, the court provided for judicial discretion, finding that trial judges must engage in a fact - driven analysis when this question comes up.
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.
p. 217), 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
But overall, the costs, increased incarceration while crime levels are decreasing, and doing away with judicial discretion on sentencing seem to be the main sticking points.
Yet, that has been the law in Canada since the introduction of the Truth in Sentencing Act in 2009, which removed judicial discretion from certain drug offences and imposed mandatory minimum sentences.
It removes discretion from the Courts to use judicial discretion in sentencing.
The entire function of the reform package is to remove judicial discretion from cases and increase control from Whitehall.
Although Rule 49.13 provides judicial discretion for costs, Justice Kent held that the plaintiffs» offer did not entitle them to substantial indemnity.
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.»
One Assembly - backed amendment for pension forfeiture would require judicial discretion when hardship is pleaded in some corruption cases.
The Stream — When «must» means may and «may» means must — Guest blogger Robert Holmes QC delves into the curious world where judicial discretion meets statutory interpretation and produces surprising results concerning obligation.
The traditional bastion of sober second thought — our courts — are facing an all - out assault against judicial discretion with mandatory minimum sentences and the wholesale pillaging of the conditional sentence regime.
Equally though, «Simply because mandatory minimums restrict judicial discretion, long the centrepiece of the sentencing process in Canada, does not mean that they offend the constitutional norm in s. 12.»
However, Baroness Deech deemed the remark «narcissistic», reminding her audience that an overzealous reliance upon judicial discretion leads to «uncertainty, expense and unpredictability» and that «rule of law demands that the law be predictable and certain, all the more so when the Government have removed the prop of legal aid.»
Bill C - 560 would provide that, while retaining sufficient judicial discretion for custom parenting plans.
Notably, they would remove CMP from the sole instigation of the Secretary of State, would make CMP only available as and when required by the interests of justice and would introduce judicial discretion to consider alternatives to preserve the public interest in open and equal justice.
Unfortunately, however, the judgment provides little further guidance on how judicial discretion should be exercised when considering the issue of special contribution, beyond the principles which had already been set out in the previous cases of Miller v Miller; McFarlane v McFarlane [2006] UKHL 24, [2006] 3 All ER 1, and Charman v Charman (No 4)[2007] EWCA Civ 503, [2007] All ER (D) 425 (May).
If you really want to stamp out unnecessary litigation, amend the Rules to allow for even higher costs, closer to full indemnity, and narrow judicial discretion around costs to impose mandatory costs for unreasonable positions, inflammatory conduct, and frivolous and vexatious behaviour.
Expanding Judicial Discretion: Between Legal and Conflict Considerations.
It is also more consistent with the Supreme Court's recent rulings defending judicial discretion.
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 many cases it is grossly disproportionate, it fetters judicial discretion, and creates perverse incentives — not only for defendants to plead guilty but for sentencers to reduce awards of compensation and prosecution costs.
Another shocking story on how Judges use and abuse Judicial Discretion, Judicial Deference, Judicial Independence and Judicial Immunity.
Sen. Pat Gallivan on Monday questioned whether the state Legislature even needs to act on bail, given judicial discretion.
Is judicial discretion good, or bad?