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28.09.2015 at 12:00 am
Cuttings

Mocking the Law - Excessive Judicial Discretion

When judges should be chastised.

... The character of the Judges is public property, and if they have done anything amiss, they ought to be censured. But if not, their characters ought to be respected; otherwise the most mischievous consequences will arise to the public.

- Lord Kenyon, Holt's Case (1793), 22 How. St. Tr. 1234.

...Our judges sometimes so excessively apply 'judicial discretion' that they mock our rule of law.


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