Search results
Results from the WOW.Com Content Network
Judicial discretion is the power of the judiciary to make some legal decisions according to their discretion. Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence. Where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of ...
Mar. 4—When it comes down to who should stay in jail pending trial and who is safe to release, it is essential our judges are exercising judicial discretion. Because in three recent cases, the ...
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.
Moreover, discretionary jurisdiction is reactive rather than proactive. In other words, appellate courts do not search for cases review. Rather the court's exercise of discretion is in response to a petitioner's appeal of a lower court's decision or in a motion for rehearing made to the intermediate [appellate] court. [3]
WASHINGTON — The U.S. Judicial Conference on Friday issued guidance on the federal judiciary's new policy making it more difficult to "judge-shop" following public criticism from top Republicans ...
One method seen as promoting judicial independence is by granting life tenure or long tenure for judges, as it would ideally free them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th ...
Likewise, the judicial branch has a degree of judicial discretion, [95] and the executive branch also has various discretionary powers including prosecutorial discretion. James Wilson said during the Philadelphia Convention in 1787 that, "Laws may be unjust, may be unwise, may be dangerous, may be destructive; and yet not be so unconstitutional ...
The judicial branch of government holds powers as well. They have the ability to use express and concurrent powers to make laws and establish regulations. They use express powers to interpret laws and perform judicial review. Implied powers are used by this branch to declare laws that were previously passed by a lower court unconstitutional.