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"Unfettered discretion" [ edit ] Directors cannot, without the consent of the company, fetter their discretion in relation to the exercise of their powers, and cannot bind themselves to vote in a particular way at future board meetings.
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.
The Court said that "the notion of a subjective or unfettered discretion is contrary to the rule of law" because "all power has legal limits", and therefore the exercise of discretionary power warrants examination by the court. [81] Following this decision, the Parliament moved quickly to curb the judiciary's change in stance.
Former Detroit Police chief Ralph Godbee said the problem is pretextual stops are “not done equally in different communities.”
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.
Chng Suan Tze departed from decades of the court abiding by the policy of non-justiciability, and held that "the notion of a subjective or unfettered discretion is contrary to the rule of law. All power has legal limits and the rule of law demands that the courts should be able to examine the exercise of discretionary power."
However, the U.S. Constitution gives the Senate complete discretion to select a Senate pro-tem, declaring simply “The Senate shall choose their other officers, and also a President pro tempore.”
Case history; Prior: 658 F.2d 1362 (9th Cir. 1981): Holding; The statute, as drafted and as construed by the state court, is unconstitutionally vague on its face within the meaning of the Due Process Clause of the Fourteenth Amendment by failing to clarify what is contemplated by the requirement that a suspect provide a "credible and reliable" identification.