forbiddenlaw.co.uk/single-words/ Discretion; Judicial Discretion: Judicial power, as contradistinguished from the power of the laws, has no existence. Courts are the mere instruments of the law and can will nothing. When they are said to exercise a “discretion,” it is a mere legal discretion, a discretion in discerning the course prescribed by law; and when that is discerned it is the duty of the court to follow it. Judicial power is never exercised for the purpose of giving effect to the will of the judge; always for giving effect to the will of the legislature, in other words to the will of the law. “The [private] discretion of a judge,” said Lord Camden, “is the law of tyrants: it is always unknown; it is different in different men: it is casual, and depends upon constitution, temper and passion. In the best it is oftentimes caprice; in the worst it is every vice, folly, and passion to which human nature can be liable.” Page 363. A Dictionary Of Law
Posted on: Thu, 20 Mar 2014 14:32:24 +0000
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