Sentences with phrase «judicial discretion as»

Also, the Court emphasized judicial discretion as to remedy.

In reaching the conclusion that Frontline was bound to pay a penalty, the Court dismissed Frontline's invitation to modify the language of Article 18 and to imply a judicial discretion as to whether a penalty should be ordered on the facts of each particular case and / or the amount of any such penalty.

Both Trudeau and Wilson - Raybould identified the use of mandatory minimum sentences and constraints on judicial discretion as priority areas for reform.

Both Trudeau and Wilson - Raybould identified the use of mandatory minimum sentences and constraints on judicial discretion as priority areas for reform.

Not exact matches

But declaring it was within the executive branch's discretion and did not require the same standards as a judicial review, the court's decision did not much change the current process or add to the requirements.

Judicial review is arguably the single most important jurisdiction that any court exercises, and many of us welcomed the government's defeat last month when the House of Lords voted to ensure that judges kept their discretion as to whether to hear judicial review procJudicial review is arguably the single most important jurisdiction that any court exercises, and many of us welcomed the government's defeat last month when the House of Lords voted to ensure that judges kept their discretion as to whether to hear judicial review procjudicial review proceedings.

As the federal government moves to limit judicial discretion in the sentencing of violent crimes, a recent decision from the British Columbia Court of Appeal has reasserted the court's authority, ruling that jurors in murder trials need not be unanimous in their sentencing recommendation to the court.

If only the public would rally around legal aid funding, protest legislative limits to judicial discretion, and defend the virtues of a self governing legal profession as we do.

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.

The legislation, which limits judicial discretion to grant extra credit for pre-sentence custody, restricts judges» power to address certain inequities in the administration of justice, such as -LSB-...]

Known as «judicial discretion,» judges can decide what's fair in light of the facts and evidence at hand.

Most importantly it does not create, as the Court in the Tsilhqot» in Nation case pretends, a judicial discretion to expropriate the indigenous constitutional interest.

Bob: I think you raise an interesting point regarding «maximum sentences» as an equally dangerous fetter on the freedom of judicial discretion and yet I can't honestly think of a single example of a case in which a crown has said «I wish the maximum sentence was higher so I can seek out a «fair» sentence.»

Again, Anisminic is sometimes taken as authority for the proposition that unlawful administrative decisions are nullities, that they never existed in the eyes of the law, with the corollary that judges should not have any discretion to refuse judicial review remedies.

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:

As recently discussed, costs consequences following trial where a formal settlement offer is not beat is a matter of judicial discretion.

On judicial review, courts are reluctant to second guess the decision not to grant an adjournment, as the discretion to permit or deny an adjournment «falls squarely within the discretion» of the adjudicator: Senjule v. Law Society of Upper Canada, 2013 ONSC 2817.

I believe the court must regulate its own practices and proceedings with specific reference to the means used to record court proceedings as a necessity that justice demands and not one based of judicial discretion.

Canadian courts have continued to expand the principles of fundamental justice since B.C. Motor Vehicles Reference, adding new (and yet somehow fundamental) principles, some of which have invited a great deal of uncertainty and judicial discretion, such as the principle that laws should not be «over-broad.»

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.

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.

The appeal raises one main question: whether the three factors which courts are to consider in deciding the standing issue are to be treated as a rigid checklist or as considerations to be taken into account and weighed in exercising judicial discretion in a way that serves the underlying purposes of the law of standing.

Lord Judge stated that it was open to the individual state to make statutory provision for the imposition of a whole life minimum term and, if appropriate, as a matter of judicial discretion, for the court to make such an order; it was not for the European Court to intervene.

Mummery LJ points out that the real purpose of the discretion in s 2 (3) is to deal with «mixed claims» where equal pay is one of several issues before the court and splitting it off would be in the interests of judicial efficiency; it is not really addressed to issues such as those in these cases.

matter of principle based on the doctrine of separation of powers as well as a matter of policy founded on the efficiency of the system of criminal justice» which also recognizes that prosecutorial discretion is «especially ill - suited to judicial review»... (cites omitted)

Judicial non-interference with prosecutorial discretion has been referred to as a «matter of principle based on the doctrine of separation of powers as well as a matter of policy founded on the efficiency of the system of criminal justice» which also recognizes that prosecutorial discretion is «especially ill - suited to judicial review»... (cites Judicial non-interference with prosecutorial discretion has been referred to as a «matter of principle based on the doctrine of separation of powers as well as a matter of policy founded on the efficiency of the system of criminal justice» which also recognizes that prosecutorial discretion is «especially ill - suited to judicial review»... (cites judicial review»... (cites omitted)

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.

As an aside, on granting permission to appeal (as an application for permission to appeal had to be issued as the Judge had rejected the oral application for permission to appeal at the original hearing), the Court of Appeal had recognised that it was unusual for an exercise of judicial discretion to be appealed but stated that the decision of His Honour Judge Purle QC was highly speculative as to «border on the Micawberism» (which those of you versed in classic literature will recognise as a reference to a character in the Charles Dickens novel, David Copperfield, who continually holds blind faith that «something will turn up»As an aside, on granting permission to appeal (as an application for permission to appeal had to be issued as the Judge had rejected the oral application for permission to appeal at the original hearing), the Court of Appeal had recognised that it was unusual for an exercise of judicial discretion to be appealed but stated that the decision of His Honour Judge Purle QC was highly speculative as to «border on the Micawberism» (which those of you versed in classic literature will recognise as a reference to a character in the Charles Dickens novel, David Copperfield, who continually holds blind faith that «something will turn up»as an application for permission to appeal had to be issued as the Judge had rejected the oral application for permission to appeal at the original hearing), the Court of Appeal had recognised that it was unusual for an exercise of judicial discretion to be appealed but stated that the decision of His Honour Judge Purle QC was highly speculative as to «border on the Micawberism» (which those of you versed in classic literature will recognise as a reference to a character in the Charles Dickens novel, David Copperfield, who continually holds blind faith that «something will turn up»as the Judge had rejected the oral application for permission to appeal at the original hearing), the Court of Appeal had recognised that it was unusual for an exercise of judicial discretion to be appealed but stated that the decision of His Honour Judge Purle QC was highly speculative as to «border on the Micawberism» (which those of you versed in classic literature will recognise as a reference to a character in the Charles Dickens novel, David Copperfield, who continually holds blind faith that «something will turn up»as to «border on the Micawberism» (which those of you versed in classic literature will recognise as a reference to a character in the Charles Dickens novel, David Copperfield, who continually holds blind faith that «something will turn up»as a reference to a character in the Charles Dickens novel, David Copperfield, who continually holds blind faith that «something will turn up»).

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.

From various conversations and news reports (and early judicial scholarship), Gall and Kimbrough have been viewed as dramatically important statements of the scope of post-Booker discretion that district judges now possess.

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».

As Justice Alito recognizes in his Cunningham dissent, the «bright - line rule» set forth in Apprendi was intended to identify when judicial discretion is acceptable.

In Raggett v (1) Society of Jesus Trust 1929 for Roman Catholic Purposes (2) Preston Catholic College Governors [2010] EWCA Civ 1002, [2010] All ER (D) 116 (Aug) it was held that in a sexual abuse claim where the abuse was historic, the order in which the judge approached issues of liability and limitation did not affect the substance of an overall assessment as to whether it was appropriate to exercise judicial discretion under the Limitation Act 1980, s 33 to disapply the limitation period.

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

The leading authority as to the exercise of judicial discretion in these situations is Sandwell MBC v Hensley [2008] HLR 22 which states: before deciding to grant an SPO the court must be satisfied that there is a sound basis that the tenant will observe the terms of the tenancy agreement in the future.

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.

As Ormrod LJ predicted, judicial discretion under MCA 1973 has moved on since Martin and important guidelines have developed, but the exercise remains discretionary.

(iii) Indigenous people were subject to judicial or administrative discretion as to whether they would be considered Indigenous or not, with the effect that «an artificial legal status could be imposed, withdrawn or re-imposed at the behest of one person in authority.»

What the bill does is tighten up the language surrounding judicial discretion, so that it becomes more difficult to use an antiquated interpretation of the best interests of the child as an excuse to rationalize a disproportionate percentage of sole custody decisions in today's family courts.

As shared parenting isn't suitable for every family, proposed legislation maintains judicial discretion to deal with circumstances like abuse, neglect, or abandonment.

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.