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The second question which was taken into consideration by the court was that whether the President has unfettered powers to issue Proclamation under Article 356(1) of the Constitution of India. It was contended that The Supreme Court in this regard held that the power conferred by Article 356 upon the President is a conditioned power.
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.
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 ...
Former Detroit Police chief Ralph Godbee said the problem is pretextual stops are “not done equally in different communities.”
Animus in consulendo liber (Latin: "A mind unfettered in deliberation") is the motto of the North Atlantic Treaty Organization . [1] The phrase is from The Conspiracy of Catiline (52.21) by the Roman historian Sallust, and was translated by Charles Anthon as "a mind unfettered in deliberation". [2]
The Supreme Court of India may also refuse to grant the leave to appeal by exercising its discretion. An aggrieved party from the judgment or decree of high court cannot claim special leave to appeal as a right but it is privilege which the Supreme Court of India is vested with and this leave to appeal can be granted by it only.
Administrative discretion allows agencies to use professional expertise and judgment when making decisions or performing official duties, as opposed to only adhering to strict regulations or statuses. For example, a public official has administrative discretion when he or she has the freedom to make a choice among potential courses of action.
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. [1]