Sentences with phrase «provides judicial discretion»

Although Rule 49.13 provides judicial discretion for costs, Justice Kent held that the plaintiffs» offer did not entitle them to substantial indemnity.

The point I attempt to make above is that absent any statutory guidance to the contrary, the Bardal factors are intended to grow, be modified, applied flexibly, and provide judicial discretion to a trial judge.

In the instant case, section 733.705 (9) plainly and unambiguously provides for the payment of interest and does not provide any judicial discretion.

Not exact matches

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.

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.

«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.»

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.

All noted commentary has stressed the importance of anti-SLAPP legislation providing a process for the efficient identification and dismissal of applicable cases, while at the same time, providing sufficient judicial discretion to allow for the variety of circumstances under which it will be applied.

Work v Gray provides little further guidance on how judicial discretion should be exercised when considering the issue of special contribution, beyond the principles which have already been set out in previous cases.

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.

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.

To maximize predictability and consistency, Parliament provided a definition of income that is clear and unambiguous and that significantly narrowed the scope of judicial discretion.

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.

Judicial discretion remains and thankfully so because there are cases where a party's circumstance or contribution demands an adjustment or detraction from the overriding requirement of equality, provided that in itself would not be discriminatory or unfair.

This is an outrageous amount of money in the circumstances, and so Justice Conway used her judicial discretion, provided for in s. 38.1 (5), to lower the amount of the statutory damages award.

Bill C - 560 would provide that, while retaining sufficient judicial discretion for custom parenting plans.

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.