9/14/2018 Discretionary power: is it conceit or necessity? | The Daily Star https://www.thedailystar.net/law-our-rights/news/discretionary-power-it-conceit-or-necessity-1631977 1/5 Ummey Sharaban Tahura In Bangladesh, the judges decide cases using their discretionary power imposed by the statutes. The laws of Bangladesh have articulated the word 'discretion' many times but have not defined its perimeter specifically. However, according to Lord Justice Bingham, 'an issue falls within a judge's discretion, if being governed by no rule of law, its resolution depends on the individual judge's assessment of what it is fair and just to do in the particular case (Bingham, 1990).' Ahron Barak sees discretion as choosing one from more alternatives within the legal purview (Barak, 1989). Maurice's view is that when there is no fixed principle, then the judges lie on their discretion (Maurice, 1972). Dworkin confined the periphery of discretion at the time of deciding 'hard cases' when the statutory laws are not clear enough (Dworkin, 1975). Home  Law & Our Rights 12:00 AM, September 11, 2018 / LAST MODIFIED: 12:00 AM, September 11, 2018 Discretionary power: is it conceit or necessity?