The Nature of Discretion
Discretion and Judicial Decision: The Elusive Quest for the Fetters ...
I. THE MODERN ATTACK ON DISCRETION. "The Judge as a Legislator" is the subtitle of the third of Benjamin. Cardozo's famous lectures on The ...
The Discretionary Nature of Judicial Review - Search eLibrary :: SSRN
Even when applicants met the conditions for the availability of the various prerogative writs, the courts recognized an overriding discretion to ...
Exercising Discretion: Decisionmaking in the Criminal Justice ...
This book contains essays that attempt to explore the importance of discretion in understanding the nature of the making of justice in theory and practice.
Discretion in Administrative Law - Osgoode Digital Commons
It is the purpose of this essay to clarify the concept of discretion, to demonstrate how far the courts have been willing to tolerate it, and to ...
Discretion has the meaning of acting on one's own authority and judgment. In law, discretion as to legal rulings, such as whether evidence is excluded at a ...
Criminal Law : The nature of prosecutorial discretion | H2O
All criminal charges are filed at the discretion of a public prosecutor (except in a few states, where private citizens can file misdemeanor criminal ...
discretion definition · LSData - LSD.Law
Discretion is the power given to judges, public officials, or private parties to make decisions based on their own judgment and conscience within general ...
Administrative Discretion - SpringerLink
Phillip Cooper defines administrative discretion as the power of an administrator to make significant decisions that have the force of law.
Nature and scope of police discretion - Fiveable
5.1 Nature and scope of police discretion ... Police discretion is a crucial aspect of law enforcement. Officers use judgment to make decisions in ...
The role of discretion in recreation decision-making by resource ...
The capacity to exercise discretion does offer the possibility for personal values to influence administrative actions (Brehm and Gates, 1999). Values are ...
Discretion is the better part of valence | Nature Reviews Chemistry
Discretion is the better part of valence ... Anions like O2− and F− are such good bridging ligands that neutral oxyfluorides rarely appear as ...
Why the Discretion Mix Matters: Understanding the Transformation ...
Here, we define discretion as the degree of freedom left to specific actors by an authority for crucial decisions in the routinized implementation and operation ...
Judicial Discretion in European Perspective - Wolters Kluwer
The problem of the law making power of judges and the legitimacy and limits of judicial discretion recur throughout the history of legal thinking.
California Rules of Court: Title Four Rules
If an enhancement is punishable by one of three terms, the court must, in its sound discretion, order imposition of a sentence not to exceed the middle term.
Chapter 6.3.1 Liability Associated with Discretionary Acts
A discretionary act is defined as a quasi-judicial act that requires the exercise of judgment in the development or implementation of public policy.
Prosecutorial Discretion Power at its Zenith - LARC @ Cardozo Law
The core purposes of prosecutorial discretion — justice, mercy and societal utility — all necessarily require the President to make independent judgments about ...
Legal Opinion Regarding Service Exercise of Prosecutorial Discretion
such discretion. . . Proaecutorial discration refers to the power of a law enforcement offi• cial to decide whether or not ...
Chapter Nine. Discretion as a Component in Purposive Interpretation
The nature of judicial discretion defies the formulation of rules regulatingits use. A judge's interpretation is the product of his or her personality andlife ...
Its Exercise by Trial Courts and Its Review by Appellate Courts
This definition of discretion suggests a distinction between what might be ... Issues that pertain to determining the scope and nature of.
Justice Manual | 9-27.000 - Principles of Federal Prosecution
... discretion and responsibility by attorneys for the government, and promoting ... The nature and seriousness of the offense;; The deterrent effect of ...