How much discretion, within reason, does the Supreme Court have to exercise in deciding whether to limit the scope of limits on the use of certain constitutional provisions?

California, United States of America


The following excerpt is from Howard Jarvis Taxpayers Ass'n v. Padilla, 196 Cal.Rptr.3d 732, 363 P.3d 628, 62 Cal.4th 486 (Cal. 2016):

discretion, within reason (Parker v. Riley, supra, 18 Cal.2d at pp. 9091, 113 P.2d 873 ), we do not foreclose the possibility limits may arise from other constitutional provisions and the values they embrace.

Other Questions


What is the test for determining whether a trial court's exercise of discretion is within the scope of discretion? (California, United States of America)
What is the scope of discretion of the courts in deciding whether to grant discretion to a city councilor in a discretionary action? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
Is a juvenile court's mistaken belief about the scope of its discretion an improper exercise of discretion? (California, United States of America)
How have courts interpreted the arbitration provisions in determining whether an arbitration provision applies to a certain controversy? (California, United States of America)
On appeal, what is the duty of the court to determine whether a search was reasonable within the meaning of the Constitution? (California, United States of America)
What is the scope of the court's discretion in deciding whether to dismiss the testimony of an informant in an impeachment trial? (California, United States of America)
Does the trial court have any authority to exercise its discretion in determining whether an error was made in a finding of not guilty? (California, United States of America)
Does a restitution order for abuse of discretion constitute an abuse of the court's discretion? (California, United States of America)
Does a codefendant's sentence under the Three Strikes Act have to be considered extrinsic to the trial court's exercise of its limited discretion to strike a prior conviction? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.