Judicial discretion

criminal case and that the issuance of a passport was at the discretion of the Yang di-Pertuan Agong (King). Loh then filed suit in the High Court at Penang, asking the court to compel the government to issue him a passport, on the grounds that the right to travel abroad is a fundamental…

Hart, a soft positivist, thinks that “judges exercise their discretion in reaching a solution that fills the gap thereby creating law.” On contrary, Dworkin, a hard positivist, believes that “the law never runs out; the answer is always there to be found if the judge applies his mind to the matter properly”. Austin’s…

With a total prison population of 2,217,000 people as of 2013, the United States continues to have the highest prison rate in the world (Institute for Criminal Policy Research). In light of these numbers, it is clear to many that the United States is in need of some kind of reform in the way it responds to crime and carries out justice, however, there is much disagreement on what aspects of our criminal policies need to be reformed and in what way. Many factors play a role in the enormous prison…

obligation to perform a contract in good faith has gained an important role in the law of contract performance. Flexibility in contracts can be provided by leaving a decision affecting the parties’ rights and obligations to the discretion to only one of them. The party with discretion is permitted to act in a variety of ways if the act is done for a contractually permitted reason. It is in the interest of businessmen to deal without contracts and perform agreements. Both parties depend on…

Chiricos, and Bales (2011) demonstrates that the United States is constantly changing the racial and ethnic landscape, which creates this idea that ethnic minorities are a threat. King and Mauer (2006) argues “One area where the struggle between the judicial and legislative branch has been most evident over the last two decades has been in response to crack cocaine sentencing” (King and Mauer 2006, p.8). King and Mauer (2006) demonstrated that the Booker decision effected crack offenses having…

through certainty that the sentencing outcome will be imposed. However, elements of mandatory minimum sentencing, specifically the removal of judicial discretion, have been criticised by the Australian Law Council in their May 2014 Policy Discussion on mandatory sentencing. The report states that mandatory minimum sentencing “simply displaces discretion to other parts of the criminal justice system”. In attempting to achieve compliance, mandatory sentencing aims to deter crime. However, this…

The Role of the President has taken on drastic new meanings with the power of the bomb, but it was not meant to be this way. The constitution has defined roles that has been taken to new limits about the Presidency, and Numerous Presidents have exploited them for the benefit of Executive power. All of this has led to a culminating loss of power and oversight in the other two branches of government. The Constitution has three sections under Article 2 that define what the president is responsible…

Assesses the role that agency rule making plays in regulating a society through administrative agencies is the interesting part of the governmental system. Under the Constitution, the law branch has the right to supervise and execute all laws. According to Article 1, Section 8, all the law powers are issued under Congress. With this right, Congress has given administrative agencies the power to build the rules for implementing laws, known as the delegation doctrine. Administrative agencies,…

associated with the appointment of Supreme Court Justices. Several issues stemming from the Senate's’ lack of regard for the President's nomination, are those associated with the executive power of the President as well as the provisions of Supreme Judicial Power and the implications thereof. Understanding the obligations dictated…

The National Association for the Advancement of Colored People is a civil rights organization whose mission is “ "to ensure the political, educational, social, and economic equality of rights of all persons and to eliminate race-based discrimination.” ( NAACP about, n.d., para 3). The NAACP’s mission is very relevant to the field of psychology, which is the study of science behavior and mental processes. The goal of psychology is to describe and to explain human and animal’s behavior as well…