Exact(5)
The deeper message of Chief Justice Rehnquist's opinion was that Congress was free to exercise the discretion the court chose to give it, and no more.
Johnston, who was elected on an independent ticket and is a former president of the Police Superintendents Associationn, said: "I was confident and remain confident that at the conclusion of the process I would have had solid grounds to exercise the discretion invested in me by parliament and the electorate of the Gwent police area to call upon Mrs Napier to retire or resign".
"Where so much is unknown or in dispute, where the facts are inconclusive and where the safety of the public will not be enhanced, I have decided to exercise the discretion given to me by our State Constitution and by my oath of office and decline, at this time, to prosecute," he said.
"The problem here is after a while, the warts began to show, and as these problems became more prominent, [the board] had to exercise the discretion which they hadn't in the past.
Thus where an Act said that an inspector of nuisances "may procure any sample" of goods for analysis, it was held that the inspector might validly send his assistant to buy a sample of coffee, as he had in no way authorized his assistant to exercise the discretion legally reposed in himself.
Similar(55)
Constitutional lawyers have suggested the courts would have to make a conviction before a minister exercised the discretion to remove citizenship.
Instead of exercising the discretion available to her, the same manager "slavishly followed the policy in a blinkered manner", while a second manager "had a closed mind".
These set out factors that a delegated decision-maker must take into consideration when exercising the discretion to cancel.
We suggest that, to the extent that the powers rest on the subjective assessment of the Minister or decision-maker exercising the discretion to cancel, there is little scope for the judiciary to intervene.
Even so, it is by no means clear that mitigating factors have been applied in a consistent and fair manner in exercising the discretion to cancel in the past (Nethery, 2012).
There is no doubt that the court cannot control the exercise of the discretion of an officer.
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Since I tried Ludwig back in 2017, I have been constantly using it in both editing and translation. Ever since, I suggest it to my translators at ProSciEditing.

Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com