«There is too much ambiguity and therefore too
much discretion about what our right to justice means in practice, as the supreme court judgment on employment tribunal fees recently acknowledged,» the commission states in the report.
Not exact matches
Concerns
about a business plan «The Forest Service will push for as
much logging
discretion that they can get,» McKinnon added.
ESSA provides
much more flexibility and
discretion to the states
about how federal education funds are spent, allowing funds to be spent where they are needed most.
By contrast, the view of the Advocate General (AG) appears
much more in line with the traditional philosophy of mutual trust in the EU context: even if Member States have
discretion about the means to execute the sentences delivered by their courts and even if EU law does not oblige a Member State to issue an EAW in order to prevent impunity, Advocate General Jääskinen recalls that «the principle that every penalty must be executed forms part of the rule of law» whose respect is a common feature to all the Member States of the Union (§ 102, referring to the opinion of the AG).
After warning of the dangers of adding too
much authority to the wide costs
discretion, he said: «The vital point in exercising the
discretion to order costs is to look at the whole picture of what happened in the case and to ask whether there has been unreasonable conduct by the claimant in bringing and conducting the case and, in doing so, to identify the conduct, what was unreasonable
about it and what effects it had.
MacDonald J. agreed with the Chief Justice's conclusion
about the existence of a
discretion to invite defence counsel to a first stage hearing, but wrote a separate, short and
much more reserved judgement.