judicial discretion legal definition of judicial discretion. judicial discretion synonyms by the Free Online Law Dictionary.

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judicial discretion n. the power of the judge to make decisions on some matters without being bound by precedent or strict rules established by statutes. On appeal a higher court will usually accept and confirm decisions of trial judges when exercising permitted discretion, unless capricious, showing a pattern of bias, or exercising discretion beyond his/her authority.

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In other words, the Ninth Amendment's open-ended language does not sufficiently constrain judicial discretion, and so it behooves judges to ignore it. Justice Scalia as judicial statesman by Bramwell, Austin W. / Modern Age To be sure, originalism has considerable theoretical strengths: It is straightforward; it reduces judicial discretion by focusing on constitutional text and history (which leaves more room for decision making by the democratically elected branches of government); and its insistence that the ratifiers' understanding should govern judicial decision making helps to put judicial decision making on a more democratic footing since ratification was more or less a democratic act. Judging the judges: liberals need a new constitutional vision to ... by Pomper, Stephen / Washington Monthly Current law allows for judicial discretion as to who pays attorney fees, costs and expenses. Labor bills on tap: shift to private enforcement may make it easier ... by Allen, Bruce C. / California CPA More results

In other words, the Ninth Amendment's open-ended language does not sufficiently constrain judicial discretion, and so it behooves judges to ignore it.

Justice Scalia as judicial statesman by Bramwell, Austin W. / Modern Age

To be sure, originalism has considerable theoretical strengths: It is straightforward; it reduces judicial discretion by focusing on constitutional text and history (which leaves more room for decision making by the democratically elected branches of government); and its insistence that the ratifiers' understanding should govern judicial decision making helps to put judicial decision making on a more democratic footing since ratification was more or less a democratic act.

Judging the judges: liberals need a new constitutional vision to ... by Pomper, Stephen / Washington Monthly

Current law allows for judicial discretion as to who pays attorney fees, costs and expenses.

Labor bills on tap: shift to private enforcement may make it easier ... by Allen, Bruce C. / California CPA

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