Cuttings: Mocking the Law - Excessive Judicial Discretion Mocking the Law - Excessive Judicial Discretion | Cuttings
Things of interest.


 
September 28, 2015

Mocking the Law - Excessive Judicial Discretion


When judges should be chastised.

…Our judges sometimes so excessively apply ‘judicial discretion’ that they mock our rule of law. This quote ought to inspire:

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.



 

 
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