Supreme Court discretionary decisions

[White Wolf]

Supreme Court discretionary decisions are characterized by reasonableness, good faith, impartiality, and a basis in the rule of law and statutory purpose, not personal opinion or arbitrariness. Judges exercise discretion when there may not be a single "right" answer and they must choose between alternatives.

Key qualities and principles governing the exercise of discretion include:

Rule of Law: Discretion is not "absolute and untrammelled". It must be exercised within a specific legal framework, as unfettered discretion contradicts the rule of law.

Purpose-Driven: Decisions must be based on the intent and purpose of the statute or legal principle granting the discretion. An exercise of power that is unconnected to its underlying purpose is considered unreasonable.

Reasonableness: The decision must fall within a range of acceptable choices and be justifiable based on the facts and evidence. This does not require placing one party's interests ahead of the other's, but it must align with the purpose for which the discretion was granted.

Good Faith: The duty to exercise discretion includes an obligation of good faith. This means the decision cannot be arbitrary or capricious.

Consideration of Relevant Factors: Decision-makers must take into account all relevant considerations and must not base their decisions on irrelevant factors.

Impartiality and Objectivity: Judges must be impartial and free from external influence or personal biases. They must set aside personal opinions when rendering a decision and guard against all forms of bias, including systemic discrimination.

Procedural Fairness: The process by which the decision is made must be fair, which may include providing notice and an opportunity to respond, depending on the circumstances.

Transparency and Reasons: The Supreme Court emphasizes the importance of providing written reasons for decisions to ensure accountability and provide guidance to lower courts and the public.

Contextual Awareness: Judges should demonstrate an awareness of the social context and values in which legal disputes arise to ensure decisions are made with an understanding of their real-world effects.

In essence, while discretion involves choice, that choice is structured and limited by legal principles that ensure consistency, predictability, fairness, and fidelity to the law and its intended purpose.