Sentences with phrase «limit judicial discretion»

It is time to moderately limit judicial discretion and tell the courts that they should be giving far greater consideration to equal parenting.

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.

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-...]

Section 178.16 (2) of the Act allowed for limited judicial discretion to admit into evidence an inadmissible private communication or derivative evidence.

Concerns about limiting judicial discretion were raised by the Committee of Chief Judges but several speakers noted that trial courts would retain discretion over the remaining 50 % of any unclaimed class action residual funds.

I have to disagree that it is not an answer to rely on Crown discretion to correct these problems when we are limiting judicial discretion.

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.

Not exact matches

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.

Effectively, applicants are thus not entitled to rely on the provision directly, but to judicial review which verifies whether this discretion has been used within the limits the Directive prescribes (para 25).

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.

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

Most importantly, however, and notwithstanding the above observations, while the onus of proving the sufficiency of the change in condition, means, needs or other circumstances rests upon the applicant (Payne, supra, 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 Divorce Act provisions.

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».

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