The minister said there was always the possibility of the exceptional case and he supported the principle of judicial discretion.

BBC: Sentencing for crimes against older and vulnerable people

The law changed how temporary alimony is awarded during a divorce, providing a strict formula that replaced some judicial discretion.

WSJ: Divorce Ruling Revised

That racial gap has widened since the Supreme Court restored judicial discretion in sentencing in 2005, according to the Sentencing Commission's findings, which were submitted to Congress last month and released publicly this week.

WSJ: Wide Racial Divide in Sentencing

"It is open to the individual state, to make statutory provision for the imposition of a whole life minimum term, and in an appropriate case, as a matter of judicial discretion, for the court to make such an order, " he said.

BBC: Whole life prison terms upheld by Court of Appeal

The Lords are just about to get their teeth into this, the latest mega-bill sent to them by the Commons, and the committee's reports on issues like extra powers for ministers and encroachments on judicial discretion can cause trouble for governments.

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The problem is compounded by an absence of effective judicial oversight, which gives the commission virtually unchecked discretion.

ECONOMIST: Trust in antitrust