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Discretion through gap-filling pleases those who regard adjudication as a creative process.
The doctrine of discretion through indeterminacy has also been questioned on grounds that the source of the discretion is the generality of the legal terms rather than their vagueness (Poscher 2012).
In the Singapore High Court decision Lines International Holding (S) Pte. Ltd. v. Singapore Tourist Promotion Board (1997), two distinct forms of fettering of discretion were recognized: fettering of discretion through rigid adherence to a policy, and fettering of discretion by an unlawful delegation of authority.
Physician behaviours are enabled by a number of factors that work to enhance physician discretion through lowering of upward and downward accountability.
Since the fairness objection to counting these effects in health care resource prioritization is strong, but, so far as I can see, not fully decisive, and because its force is different for different decision making levels and contexts, particular societies might exercise significant discretion through fair, democratic decision procedures about what weight to give them.
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No discretion, everyone goes through," Grossman said.
Such agencies, particularly in poor communities, rely heavily on their local legislators to provide financial support, through state grants that the lawmakers can award at their discretion or through state contracts that the lawmakers can influence.
Disputes about NHS contracts are resolved at the secretary of state's discretion not through the courts.
EN was administered through a nasogastric or nasojejunal tube at the doctor's discretion and continuously through an infusion pump in accordance with a previously established protocol [ 9].
The state can, through the sheer force of technicalities, prolong the life of a person on death row, while in a less fortunate person's case using its discretion to rush through the formalities.
Between 2004 and 2009, the coal ministry under Prime Minister Manmohan Singh allocated mining rights at its discretion, rather than through a competitive-bidding process; as a consequence, the government lost thirty billion dollars in revenue.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com