The conservative justices in the majority set aside their concern for states' rights, for judicial restraint, for limitations on standing, for their usual insistence that claims raised at the Supreme Court level have been fully addressed by the lower courts.
He stated this as a limitation on judicial activism; he meant it as a limitation on progressive judicial activism.
"The unreasonably strict limitations on judicial sentencing discretion mean that many nonviolent offenders who are otherwise good candidates are not eligible for court-supervised drug treatment," she said.
Save for another CCR case brought against another civilian contractor which was settled, all such cases have been dismissed before trial for a blend of reasons that typically include the so-called "political question" and "state secrets" doctrines – limitations the judicial branch puts on itself to avoid infringing on military or foreign policy questions, among others.
However, certain matters are regarded as impervious to judicial review owing to limitations in the courts' institutional capacity.
The importance of limitation on judicial activities during wartime may be inferred from the allocation of powers under the constitutional scheme.
"Given the draconian nature of the powers being conferred on authorised officers, the limitation on judicial oversight threatens a lack of accountability in the event of serious abuses.
Sweden and France, for instance, have gone as far as subjecting the exercise of all discretionary powers, other than those relating to foreign affairs and defense, to judicial review and potential limitation.
Relevance is a relation between facts and the aforesaid reasons for exclusion are extrinsic to that relation; they are grounded in considerations such as limitation of judicial resources and jury psychology.
It's worth observing, for the record, that "standing" isn't a mere "technicality": It's embedded in the Constitution as a limitation on judicial jurisdiction.
