Exercising Discretion

Exercising Discretion
Author: Loraine Gelsthorpe
Publisher: Routledge
Total Pages: 244
Release: 2012-12-06
Genre: Social Science
ISBN: 1134032064

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The exercise of discretion in the criminal justice system and related agencies often plays a key part in decisions which are made, but definitions of discretion are not clear, and despite widespread recognition of its importance there is much controversy on its nature and legitimacy. This book seeks to explore the importance of discretion to an understanding of the nature of the 'making of justice' in theory and practice, taking as its starting point the wide discretionary powers wielded by many of the key players in the criminal justice and related systems. It focuses on the core elements and contexts of discretion, looking at the power, ability, authority and duties of individuals, officials and organisations to decide, select or interpret vague standards, requirements or statutory uncertainties.

Judicial Discretion

Judicial Discretion
Author: Aharon Barak
Publisher:
Total Pages: 270
Release: 1989-01-01
Genre: Law
ISBN: 9780300040999

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Judicial Discretion

Judicial Discretion
Author: J. Eric Smithburn
Publisher:
Total Pages: 364
Release: 1991
Genre: Judicial discretion
ISBN:

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How Judges Sentence

How Judges Sentence
Author: Geraldine Mackenzie
Publisher: Federation Press
Total Pages: 212
Release: 2005
Genre: Law
ISBN: 9781862875357

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How do judges sentence? This question is frequently asked but infrequently explored. What factors are taken into account? How do judges see their role? How do they apply the aims and purposes of sentencing? How are factors such as public opinion taken into account? How Judges Sentence explores these questions through interviews with Queensland judges. The judges explain how they come to their decisions when sentencing, how they view judicial discretion, and how they exercise it. The book carefully examines their comments within the legislative and theoretical contexts of sentencing. The analysis yields valuable insights into judicial methodologies, perceptions, and attitudes towards the sentencing process. How Judges Sentence provides a major contribution to debates on sentencing.

The Invisible Justice System

The Invisible Justice System
Author: Burton Atkins
Publisher:
Total Pages: 254
Release: 1982
Genre: Law
ISBN:

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Judicial Review of Administrative Discretion in the Administrative State

Judicial Review of Administrative Discretion in the Administrative State
Author: Jurgen de Poorter
Publisher: Springer
Total Pages: 198
Release: 2019-06-07
Genre: Law
ISBN: 9462653070

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This book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciary’s role in reviewing administrative discretion in the administrative state; a role that can no longer solely be understood from the traditional doctrine of the Trias Politica. Traditionally, courts review acts of administrative bodies implying a degree of discretion with quite some restraint. Typically it is reviewed whether the decision is non-arbitrary or whether there is no manifest error of assessment. The question arises though as to whether the concern regarding ensuring the non-arbitrary character of the exercise of administrative power, which is frequently performed at a distance from political bodies, goes far enough to guarantee that the administration exercises its powers in a legitimate way. This publication searches for new modes of judicial review of administrative discretion exercised in the administrative state. It links state-of-the-art academic research on the role of courts in the administrative state with the daily practice of the higher and lower administrative courts struggling with their position in the evolving administrative state. The book concludes that with the changing role and forms of the administrative state, administrative courts across the world and across sectors are in the process of reconsidering their roles and the appropriate models of judicial review. Learning from the experiences in different sectors and jurisdictions, it provides theoretical and empirical foundations for reflecting on the advantages and disadvantages of different models of review, the constitutional consequences and the main questions that deserve further research and debate. Jurgen de Poorter is professor of administrative law at Tilburg University and deputy judge in the District Court of The Hague. Ernst Hirsch Ballin is distinguished university professor at Tilburg University, professor in human rights law at the University of Amsterdam, and president of the T.M.C. Asser Institute for International and European Law. He is also a member of the Scientific Council for Government policy (WRR). Saskia Lavrijssen is professor of Economic Regulation and Market Governance of Network Industries at Tilburg University.

Judicial Discretion in the House of Lords

Judicial Discretion in the House of Lords
Author: David Robertson
Publisher: Oxford University Press on Demand
Total Pages: 417
Release: 1998
Genre: Law
ISBN: 9780198274421

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There have been few studies of the Law Lords, and no study of them by a political scientist for more than ten years. This book concentrates on the arguments the Law Lords use in justifying their decisions, and is concerned as much with the legal methodology as with the substance of theirdecisions. Very close attention is paid to the different approaches and styles of judicial argument, but the book is not restricted to this traditional analytic approach. One chapter applies the statistical techniques Americans call 'jurimetrics' and have successfully used on the US Supreme Court. The main theme is that the Law Lords enjoy and fully utilise far more discretion in their judgements than is normally admitted, and that much depends on exactly which judges happen to hear a case. the second part of the book shows the impact this extreme discretion has had in shaping both public lawand areas of civil law.

Facing Judicial Discretion

Facing Judicial Discretion
Author: M. Iglesias Vila
Publisher: Springer Science & Business Media
Total Pages: 305
Release: 2013-03-09
Genre: Philosophy
ISBN: 9401596840

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In response to ETA's 1997 kidnappings and murders thousands of Spaniards attended mass demonstrations to express their contempt for violence as a means of political pressure. The demand that public authorities prosecute and condemn those who directly or indirectly support ETA and its terrorist attacks was one of the most prevalent slogans in the marches. Indeed, the social response was aimed not only against the terrorist group, but also against Herri Batasuna (HB), the political party that openly endorse ETA's armed actions in the Basque Country. From the legal point of view, it is interesting to examine what it is citizens are requesting from the government in the above-mentioned case. How do these collective claims translate into legal language? One may think it fit to answer that Spanish citizens want violence to be met with the institutional punishment prescribed by the legal order. Nonetheless, it could also be argued that citizens in fact demand that certain kinds of behaviour be regulated by the law in their country. While from the latter viewpoint citizens wish for the creation of new legal norms, from the former they are just calling for the application of the law. What reasons may render us inclined to sympathise with one of these two views rather than the other? Which one of these two options is most appropriate? At first sight, this may appear to be a simple question.

Judicial Discretion and Criminal Investigation

Judicial Discretion and Criminal Investigation
Author: Sybil Sharpe
Publisher:
Total Pages: 242
Release: 1998
Genre: Criminal investigation
ISBN: 9780421586802

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This is a critical study of the pre- and post-PACE use of judicial discretion in criminal cases.