[PDF] Exercising Discretion eBook

Author : Loraine Gelsthorpe
Publisher : Routledge
Page : 244 pages
File Size : 36,34 MB
Release : 2012-12-06
Category : Social Science
ISBN : 1134032064

GET BOOK

The exercise of discretion in the criminal justice system and related agencies often plays a key part in decisions which are made, but definitions of discretion are not clear, and despite widespread recognition of its importance there is much controversy on its nature and legitimacy. This book seeks to explore the importance of discretion to an understanding of the nature of the 'making of justice' in theory and practice, taking as its starting point the wide discretionary powers wielded by many of the key players in the criminal justice and related systems. It focuses on the core elements and contexts of discretion, looking at the power, ability, authority and duties of individuals, officials and organisations to decide, select or interpret vague standards, requirements or statutory uncertainties.

Author : Loraine Gelsthorpe
Publisher : Routledge
Page : 241 pages
File Size : 19,73 MB
Release : 2012-12-06
Category : Law
ISBN : 1134031998

GET BOOK

Although the exercise of discretion often plays a key part in decisions which are made within the criminal justice system, definitions of discretion are not clear, and despite widespread recognition of its importance there is much controversy on its nature and legitimacy. This book focuses on the core elements and contexts of discretion, looking at the power, ability, authority and duties of individuals, officials and organisations to decide, select or interpret vague standards, requirements or statutory uncertainties.

Author : Loraine Gelsthorpe
Publisher : Willan Pub
Page : 228 pages
File Size : 12,81 MB
Release : 2003
Category : Law
ISBN : 9781903240991

GET BOOK

The exercise of discretion often plays a key part in decisions which are made within the criminal justice system, such as: the victim of an offense choosing not to report the offense; the police deciding to press for prosecution rather than cautioning; a sentencer choosing to impose a custodial sentence rather than a community penalty; and a Discretionary Lifer Panel of the Parole Board choosing to offer early release for imprisoned offenders. However, definitions of discretion are not clear, and despite widespread recognition of its importance there is much controversy on its nature and legitimacy. This book explores the importance of discretion to an understanding of the nature of the "making of justice" in theory and practice, taking as its starting point the wide discretionary powers wielded by many of the key players in the criminal justice and related systems. It focuses on the core elements and contexts of discretion, looking at the power, ability, authority and duties of indivi

Author : William C. Heffernan
Publisher : Jones & Bartlett Publishers
Page : 346 pages
File Size : 32,64 MB
Release : 2014
Category : Criminal justice, Administration of
ISBN : 1449634079

GET BOOK

Further Reading; Notes; Chapter 9 Transitional Justice: New Democracies Grapple with Their Past; Coming to Terms with the Past: Justice vs. National Reconciliation; The Problem of Punishment; Corrective Justice for Victims of Human Rights Abuses; Summary; Further Reading; Notes; Chapter 10 The Right to be Let Alone: Determining the Scope of Personal Freedom; The Harm Principle; Paternalism; Harm to Third Parties; Moral Relativism and the Diversity of Human Practices; The Possibility of an Offense Principle; Summary; Further Reading; Notes; Part 3 Doing Justice Within the Law.

Author : Steven Gasztowicz KC
Publisher : Bloomsbury Publishing
Page : 1035 pages
File Size : 27,38 MB
Release : 2018-03-16
Category : Law
ISBN : 1784515426

GET BOOK

Scamell and Gasztowicz on Land Covenants, 2nd edition, brings the material up to date, exploring the types of covenants practitioners have to contend with, and seeking to offer practical advice in this complex and far reaching area of law. The second edition includes coverage of positive covenants and planning covenants which no other title on the market currently offers. A covenant can be either positive or negative. It is important to understand the difference between positive and negative covenants as not all covenants are enforceable and different rules on enforceability apply depending on whether the covenant is positive or negative. Dealing with the impact of Covenants on land affects most conveyancing transactions and is also of vital importance to landowners, developers and others. It is a complex and broad area of law for property lawyers to contend with. The volume of case law on this topic is extensive. Scamell and Gasztowicz on Land Covenants, 2nd edition, is divided into three main parts: Part I – Restrictive Covenants; Part II – Positive and Negative Covenants; Part III: Planning Obligations. It also deals with the special position of local authorities in relation to land covenants, and has comprehensive coverage on freeing land from restrictions.

Author : Larry DiMatteo
Publisher : Oxford University Press
Page : 513 pages
File Size : 31,53 MB
Release : 2015-12-10
Category : Law
ISBN : 019104444X

GET BOOK

Bringing together leading commercial and contract law scholars from the United Kingdom and United States, Comparative Contract Law: British and American Perspectives offers an insightful and comprehensive assessment of the commonalities and divergences in the contract law of these two jurisdictions. Approaching the subject area from a variety of perspectives - doctrinal analysis, behavioural analysis, law and economics, and theoretical - the book examines familiar areas of contract law as practiced in the UK and US. Topics include contract theory and structure; contract formation and defects of consent; policing contracts and the duty of good faith; contract interpretation; damages; speciality contracts; and legal reform. The volume provides a thorough assessment of the current state of commercial contract law in the UK and US, and addresses the strengths and weaknesses of the national and European approaches to many issues of contract law. In particular it focuses on how commercial contract law should be improved, and whether harmonization of the different contract law regimes is a suitable, and appropriate, solution.

Author : David Dyzenhaus
Publisher : Hart Publishing
Page : 519 pages
File Size : 38,89 MB
Release : 2004-03
Category : Law
ISBN : 1841134341

GET BOOK

This book tackles the relationship between the common law of judicial review, the written constitution and public international law.

Author : Oshisanya, 'lai Oshitokunbo
Publisher : Almanac Foundation
Page : 598 pages
File Size : 12,89 MB
Release : 2020-01-02
Category : Law
ISBN : 9785120015

GET BOOK

1. Justice, Administration of. 2. Evidence, Criminal.