Define: Judicial Discretion

Judicial Discretion
Judicial Discretion
Quick Summary of Judicial Discretion

Judicial discretion refers to the authority granted to judges to make decisions based on their own judgement and interpretation of the law, within the bounds of legal precedent, statutes, and constitutional principles. This discretionary power allows judges to consider the unique circumstances of each case and apply the law in a manner they deem fair and just. While judges must adhere to legal guidelines and principles, they have the flexibility to weigh evidence, assess arguments, and fashion remedies that they believe best serve the interests of justice. Judicial discretion plays a crucial role in ensuring the adaptability and fairness of the legal system.

What is the dictionary definition of Judicial Discretion?
Dictionary Definition of Judicial Discretion
n. the power of the judge to make decisions on some matters without being bound by precedent or strict rules established by statutes. On appeal a higher court will usually accept and confirm decisions of trial judges when exercising permitted discretion, unless capricious, showing a pattern of bias, or exercising discretion beyond his/her authority.
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This glossary post was last updated: 29th March 2024.

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