Search results
Results from the WOW.Com Content Network
It demurred to the indictment by arguing that the embargo and proclamation were void, as Congress had unconstitutionally delegated legislative power to the executive branch and thus given the President "unfettered discretion" to make a decision that should have been determined by Congress.
S. R. Bommai v. Union of India ([1994] 2 SCR 644 : AIR 1994 SC 1918 : (1994)3 SCC1) is a landmark decision of the Supreme Court of India, [2] where the Court discussed at length provisions of Article 356 of the Constitution of India and related issues.
The Supreme Court of India may in its discretion be able to grant special leave to appeal from any judgment or decree or order in any matter or cause made or passed by any Court/tribunal in the territory of India. The Supreme Court of India may also refuse to grant the leave to appeal by exercising its discretion.
Former Detroit Police chief Ralph Godbee said the problem is pretextual stops are “not done equally in different communities.”
Fettering of discretion by a public authority is one of the grounds of judicial review in Singapore administrative law.It is regarded as a form of illegality.An applicant may challenge a decision by an authority on the basis that it has either rigidly adhered to a policy it has formulated, or has wrongfully delegated the exercise of its statutory powers to another body.
Certain legal tenets follow, namely: first, passports are issued in the name of the state; second, no person has a legal right to be issued a passport; third, each country's government, in exercising its executive discretion, has complete and unfettered discretion to refuse to issue or to revoke a passport; and fourth, that the latter ...
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 trial , may be exercised by a judge . The ability to make decisions which represent a responsible choice and for which an understanding of what is lawful, right or wise may be presupposed.
The Ninth Circuit, in Lawson v.Kolender, 658 F.2d 1362 (1981), had additionally held that Penal Code §647(e) violated the Fourth Amendment’s prohibition of unreasonable searches and seizures because it "subverts the probable cause requirement" by authorizing arrest for conduct that is no more than suspicious.