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I was brought up under a system in which discretion when given was practically absolute. It was the unbroken tradition of Westminster Hall. I believe that system worked justice and saved expense. I hope I may be forgiven if, with what energy remains to me, I strive after many years' experience and drawing near the close of my judicial career, to preserve this unfettered discretion which in my opinion, was given me by Parliament, and which I have never, at least intentionally abused.
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Huxley v. West London Extension Railway Co. (1886), L. R. 17 Q. B. D. 383.

 

John Coleridge

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Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the Court to follow it. Judicial power is never exericised for the purpose of giving effect to the will of the Judge; always for the purpose of giving effect to the will of the Legislature; or, in other words, to the will of the law.

 

John Marshall

 

Discretion, like the hole in a doughnut, does not exist except as an area left open by a surrounding belt of restriction. It is therefore a relative concept. It always makes sense to ask, "Discretion under which standards?" or "Discretion as to which authority?"

 

Ronald Dworkin

 

At the same time that I think discretion the most useful talent a man can be master of, I look upon cunning to be the accomplishment of little, mean, ungenerous minds. Discretion points out the noblest ends to us, and pursues the most proper and laudable methods of attaining them: cunning has only private selfish aims, and sticks at nothing which may make them succeed. Discretion has large and extended views, and, like a well-formed eye, commands a whole horizon: cunning is a kind of short-sightedness, that discovers the minutest objects which are near at hand, but is not able to discern things at a distance. Discretion the more it is discovered, gives a greater authority to the person who possesses it: cunning, when it is once detected, loses its force, and makes a man incapable of bringing about even those events which he might have done had he passed only for a plain man. Discretion is the perfection of reason, and a guide to us in all the duties of life: cunning is a kind of instinct, that only looks out after our immediate interest and welfare. Discretion is only found in men of strong sense and good understandings, cunning is often to be met with in brutes themselves, and in persons who are but the fewest removes from them.

 

Joseph Addison

 

I cannot and do not live in the world of discretion, not as a writer, anyway. I would prefer to, I assure you — it would make life easier. But discretion is, unfortunately, not for novelists.

 

Philip Roth

 

Put it this way. As long as Jeyaretnam [Workers' Party leader] stands for what he stands for -- a thoroughly destructive force for me -- we will knock him. There are two ways of playing this. One, a you attack the policies; two, you attack the system. Jeyaretnam was attacking the system, he brought the Chief Justice into it. If I want to fix you, do I need the Chief Justice to fix you? Everybody knows that in my bag I have a hatchet, and a very sharp one. You take me on, I take my hatchet, we meet in the cul-de-sac. That's the way I had to survive in the past. That's the way the communists tackled me. He brought the Chief Justice into the political arena. He brought my only friend in university into our quarrel. How dare he!

 

Lee Kuan Yew