In one case, the judge exercised his judicial discretion and set a sentence far below the sentencing guidelines of roughly 20 years.
In the other, a different judge exercised her judicial discretion and, with sentencing guidelines calling for probation up to two years in prison, chose to exceed the guidelines by sentencing Mr. Bang to 15 years in prison, starting immediately.
"Whilst it has to be better for divorcing couples to have clarity and accessibility to the law, it is doubtful whether a one size fits all approach is fairer than the current situation where a judge exercises a wide discretion to provide a tailor made solution".
The litigation burden simply isn't that great, if the judge exercises proper control over it.
"The judge exercised a very careful legal analysis that determined that I am allowed to rent for less than 30 days," Lambert said after Friday's ruling.
Firstly, it concentrates the substance of the law in the hands of judges as, in consequence, there is a presumption that only a judge exercising ijtihad, rather than a king or a parliament, can determine God's law.
Etwiy faces three possibilities in the coming days, he added: more delays in the trial, which he called "political tricks"; the unlikely prospect of the judge exercising independence and releasing the young American because of the way the Egyptian authorities have handled him; or being pronounced guilty of crimes like murder ― and potentially facing the punishment.
However, judging exercise solely by its effects on body weight might be damaging since exercise provides a plethora of other benefits.
It remains to be seen whether courts will be as deferential when judges exercise their discretion in favor of admissibility of arguably questionable scientific evidence.
It is uncertain whether courts will be as deferential when judges exercise their discretion in favor of admissibility of arguably questionable scientific evidence.
