Administrative Discretion and Judicial Control

Sentencing guidelines, judicial discretion and plea bargaining

The United States Sentencing Commission was created to develop federal sentencing guidelines, which restrict judicial discretion and were found to increase the average sentence length while leaving unchanged the likelihood of resolution through plea bargaining. A game theoretic model is developed in which a sentencing commission may impose guidelines or defer to judicial discretion; then a defe...

Administrative Management, Administrative Regulation and the Judicial Process

In discussing problems connected with what is called public administration and administrative law, confusion not infrequently results from a failure to understand at the outset what is meant by the term "administration". A distinguished authority 1 has described administration as essentially the process of translating the general into the particular, and, as one phase of this process, the task ...

Comments on [Israeli] Proposal for Structuring Judicial Discretion in Sentencing

Discontinuous Tradition of Sentencing Discretion: Koon's Failure to Recognize the Reshaping of Judicial Discretion under the Guidelines, The

Looked at from a general science of law, the effective individualizing agency in the administration of justice is discretion .... Discretion is an authority conferred by law to act in certain conditions or situations in accordance with an official's or an official agency's own considered judgment and conscience .'

principeles and criteria of administrative judicial review in switzerland law

principles of judicial review in administrative law are basic criteria developed through judicial decisions. most of these principles have a legal value in modern administrative law. in this paper some of these principles and criteria have been studied in switzerland administrative law. in this country the legality, equality, public interest, good faith, hearing and proportionality principles h...