California, United States of America
The following excerpt is from Martin v. Alcoholic Beverage Control Appeals Bd., 13 Cal.Rptr. 513, 362 P.2d 337, 55 Cal.2d 867 (Cal. 1961):
Legal discretion, in the circumstances, is judicial discretion. 'Courts have often asserted that such power is broad and inclusive. That assertion is true, but it is true only within the limits of fixed legal principles (Brill v. Fox (1931), 211 Cal. 739, 743 (297 P. 25)). Such power cannot enlarge its own boundaries or support acts requiring other legal bases. Even within its legal limits the power is not unbridled. The mere fact that a court may have jurisdiction to make an order does not equip it to exercise judicial discretion. Its acts must not only be confined within the field of discretion but must also be of a character within the bounds of the limiting adjective 'judicial.' To exercise that power all the material facts in evidence must be both known and considered, together also with the legal principles essential to an informed, intelligent, and just decision. * * *
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