Sentences with phrase «judicial discretion in»

(3) limitation of judicial discretion in regard to the best interests of children.

But when the court did just that on Oct. 14, it drew wide criticism for missing an opportunity to resolve a long - running dispute over judicial discretion in sentencing.

- 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.

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.»

This has manifested itself not only with a raft of prescriptive criminal legislation on practice and procedure but also successive home secretaries» efforts to curtail and straitjacket judicial discretion in sentencing.

The background to the case — another exercise of judicial discretion in another «not very big money case» — is dealt with later.

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.

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.

It removes discretion from the Courts to use judicial discretion in sentencing.

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.

For far too long, judicial discretion in sentencing has been eroded, the unfortunate result of well - intentioned conservatives over many years.

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.

The Supreme Court has said previously that the object of mandatory minimum sentences is the removal of judicial discretion in the sentencing process.

These include legislation, prosecutorial charging guidelines, court challenges, jury nullification, the exercise of prosecutorial discretion in the absence of offence - specific charging guidelines, and the exercise of judicial discretion in sentencing.

Finally, I'd be remiss not to mention that in general judicial discretion in many aspects of litigation is a desirable and useful occurrence, whether it manifests itself in the dismissal of a frivolous case or appointing counsel to an indigent defendant.

When Scalia used the phrase — intending to show that the best vision of the rule of law is that it just * is * the law of rules — he was trying to make the case against judicial discretion in interpretation.

This paper claims that a process - based conception of proportionality offers a stronger defence of judicial discretion in sentencing than the current framework offers; it better respects institutional roles and provides a more principled basis for declaring the current structure of mandatory minimum penalties unconstitutional.

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.

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.

After misleading the Commons himself on judicial discretion in these cases, he introduced an amendment on the so - called «highly likely» test (explained in detail here).

Not exact matches

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.»

At many other points in the judicial process, discretion rules, and arbitrary or incorrect decisions are possible.

Associate Professor of Journalism Rich Hanley was at one of these forums and recalls that Lahey felt the judge in the case had used wide judicial discretion.

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.

One change in store from the version approved last year could be the addition of judicial discretion for pension forfeiture in certain cases.

One Assembly - backed amendment for pension forfeiture would require judicial discretion when hardship is pleaded in some corruption cases.

Even if Congress passes a law allowing the Treasury Department to have incredible discretion in reorganizing financial companies, that does not mean that the actions are exempt from judicial review.

In a series of cases, he has considered the parameters of the judicial discretion when determining maintenance applications.

Accordingly, the SJC held that the trial judge did not abuse his discretion in applying judicial estoppel.

Whilst this approach is unlikely to be adopted now, it is a bold suggestion in an environment of entrenched judicial discretion.

In Has lip, the Court expressed concerns about «unlimited jury discretion - or unlimited judicial discretion for that matter - in the fixing of punitive damages,» but refused to «draw a mathematical bright line between the constitutionally acceptable and the constitutionally unacceptable.&raquIn Has lip, the Court expressed concerns about «unlimited jury discretion - or unlimited judicial discretion for that matter - in the fixing of punitive damages,» but refused to «draw a mathematical bright line between the constitutionally acceptable and the constitutionally unacceptable.&raquin the fixing of punitive damages,» but refused to «draw a mathematical bright line between the constitutionally acceptable and the constitutionally unacceptable.»

'' [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 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-...]

Bruce Clark: The Rule of Law vs the Rule of Judicial Discretion: The Tsilhqot» in Nation Case http://dissidentvoice.org/2014/07/the-rule-of-law-vs-the-rule-of-judicial-discretion-the-tsilhqotin-nation-case/

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.

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

Rule 3.15 explicitly removes this discretion in the case of applications for judicial review.

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.

In the alternative, Parliament could provide for judicial discretion to allow for a lesser sentence where the mandatory minimum would be grossly disproportionate and would constitute cruel and unusual punishment,» said the majority.

«Taken together, there seems to be an aspirational direction in the courts to use more technology but the mixture of paper requirements and individual judicial discretion suggest that parties may not be completely certain about when they should or could prepare for an e-trial,» says Whelan.

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.»

It is even more tragic that offenders in this circuit will have to rely on prosecutorial discretion, not judicial discretion, in order to receive a just and fair sentence in these cases.

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.

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.

The Model Penal Code: Sentencing project provides guidance on some of the most important issues that courts, corrections systems, and policymakers are facing today, including the general purposes of the sentencing system; rules governing sentence severity — including sentences of incarceration, community supervision, and economic penalties; the elimination of mandatory minimum penalties; mechanisms for combating racial and ethnic disparities in punishment; instruments of prison population control; victims» rights in the sentencing process; the sentencing of juvenile offenders in adult courts; the creation of judicial powers to review many collateral consequences of conviction; and many issues having to do with judicial sentencing discretion, sentencing commissions, sentencing guidelines, and appellate sentence review.

When adopting this rule, the Court recognized, «Cases involving child victims present special concerns that weigh in favor of allowing judicial discretion to order psychological evaluations.»

«In the alternative, Parliament could provide for judicial discretion to allow for a lesser sentence where the mandatory minimum would be grossly disproportionate and would constitute cruel and unusual punishment.»

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.

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.

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.