Under the doctrine of the separation of powers, the ability of judges to exercise discretion is an aspect of judicial independence.
Where appropriate, judicial discretion allows a judge to decide a legal case or matter within a range of possible decisions.
In that case, the decision of the court may be ultra vires, and may sometimes be characterized as judicial activism.
[1]Concerns with regard to recidivism and other law and order issues have led to the introduction of mandatory sentencing.
This has provoked formation of non-profit organizations such as Families Against Mandatory Minimums, Women Against Registry and RSOL to lobby for reinstatement of judicial discretion in criminal sentencing.