What is the test for discretion when it comes to exercising discretion?
California, United States of America
The following excerpt is from People v. Superior Court (Ross), 122 Cal.Rptr. 609, 49 Cal.App.3d 632 (Cal. App. 1975):
Walsh v. Kirby, 13 Cal.3d 95, 103, 118 Cal.Rptr. 1, 8, 529 P.2d 33, 40, speaks to this point when it says: 'discretion cannot be exercised so as to 'enlarge its own boundaries or support acts requiring other legal bases. Even within its legal limits the power is not unbridled. '' 6
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