29 May 2009
Discretion and Subjectivity in Judicial Decision-Making
By: Lord Justice Maurice Kay— 2008-2009
Not all cases admit of only one permissible outcome. In some areas, judges have a discretion to exercise. In others, they have to make an evaluative judgment. The paper will explore the parameters within which these exercises are carried out and the extent to which they are susceptible of review on appeal.