Legal Definitions - fetter

To fetter, as a verb, means to restrict, restrain, or impede someone or something, often by imposing conditions or limitations that prevent free action or decision-making. While it can refer to physical restraints, in a legal context, it is more commonly used to describe limitations on power, discretion, or the ability to act freely.

Here are some examples illustrating the application of "fetter":

• Judicial Discretion: A new state law mandates that judges impose a minimum sentence of five years for any conviction involving a specific type of financial fraud. Previously, judges had more flexibility to consider mitigating factors and impose a shorter sentence.

  This new law fetters the judges' discretion, meaning it restricts their ability to exercise independent judgment and tailor sentences to individual circumstances. They are now bound by the mandatory minimum, limiting their freedom to act as they see fit.

• Administrative AgencyAuthority: A city council passes an ordinance requiring the local planning commission to obtain explicit approval from the mayor's office for any zoning change requests involving properties larger than five acres. Before this ordinance, the planning commission had the final say on such matters.

  The city council's ordinance fetters the planning commission's authority. It imposes a new condition that restricts their previously independent power to approve large-scale zoning changes, compelling them to seek additional approval and thereby limiting their autonomy.