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The Court held that it can judicially review the exercise of prosecutorial power and declare a prosecution to be unconstitutional for breach of constitutional power, for example, if a prosecution is brought in bad faith for an ulterior motive and not to punish an accused person for an offence he or she committed.
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— abuse of prosecutorial power".
However, others see the affair as evidence that South Africa's government is strong enough to chase down both corruption and possible abuse of prosecutorial power.
Still, Mr. Johnson's move to charge Mr. Morales under the terrorism law was controversial; civil libertarians on both ends of the political spectrum characterized the legal maneuver as an undue expansion of prosecutorial power.
The convictions against Stevens were obtained through the abuse of prosecutorial power and the wrongful suppression of evidence.
The vast majority of states have failed to enact effective safeguards designed to prevent misuse of prosecutorial power.
Thomas noted that a delegation of prosecutorial power is always to an executive branch and that the tribes are not part of any executive branch of the Federal government.
Because of the principle that all powers have legal limits, the Attorney-General's exercise of prosecutorial discretion and the power to pardon or grant clemency to convicted persons exercised by the President on the Cabinet's advice are both justiciable in exceptional cases, for instance, where the powers have been exercised unconstitutionally or in bad faith.
It now stands to redefine the contours of executive power and the executive branch's exercise of prosecutorial discretion under the Constitution.
The answer lies in the proper exercise of prosecutorial discretion.
He called for the "reasoned exercise of prosecutorial discretion," authorizing a tough but flexible approach.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com