The state is restricted in the imposition of punishment by the requirements of legality, equality, and the obligation to refrain from infringing certain important human rights. It is important to consider, too, restrictions on the authority re- sponsible for setting the sentence. The imposition of punishment, like the deter- mination of guilt or innocence, is usually understood as a judicial exercise.1 The importance of the judge lies at the heart of procedural fairness, which demands that individuals have the right of access to court in the determination of a crim- inal charge.2 The responsibility of the judge for the imposition of punishment is also of central importance, though, to the characterization of the sentence itself (and not just the manner of its imposition) as lawful or just.

31p.