Judicial discretion must be law guided to prevent arbitrary or capricious decisions in procedural and punitive contexts. The concept of discretion denotes exercise of judgment, skill and wisdom rather than caprice; where granted by statute it carries responsibility and must ... Summary
Judicial discretion must be law guided to prevent arbitrary or capricious decisions in procedural and punitive contexts.
The concept of discretion denotes exercise of judgment, skill and wisdom rather than caprice; where granted by statute it carries responsibility and must be exercised with vigilant circumspection. Judicial discretion is latitude given to a judge in adjudication, regulated by established legal principles and reviewable to prevent arbitrary or whimsical decisions, typically concerning procedural matters, punishment, costs or administration rather than substantive vested rights.
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