Escolar Documentos
Profissional Documentos
Cultura Documentos
Subject
Date
:
:
the court has no choice but to impose such penalty. The remedy is to
recommend that the accused be considered for executive clemency. This in
consonance with the time honored doctrine of separation of powers. The
power to implement the law, including the imposition of penal sanctions is left
to the executive, the court cannot usurp it.
In the same vein, the court cannot impose its judgment by engaging in
inappropriate judicial legislation. The province of policy-making being left to
the sole discretion of the Legislature.