Legal Interpretation and Judicial Discretion in Modern Courts

Authors

  • Prasat Samartkul Phonphisai Police Station, Thailand

Keywords:

legal interpretation, judicial discretion, judicial reasoning, modern courts, constitutional law

Abstract

This article examines the dynamic relationship between legal interpretation and judicial discretion in modern courts. It explores how interpretative theories—textualism, purposivism, originalism, and living constitutionalism—shape judicial reasoning and influence discretionary powers. The article further analyzes how courts balance rule-based interpretation with the necessity of flexible application to achieve justice, fairness, and consistency. Challenges in maintaining judicial neutrality, the influence of societal values, and the impact of modern constitutionalism are highlighted. The findings suggest that judicial discretion is essential in addressing legal ambiguity but must be bounded by interpretative principles, judicial ethics, and institutional accountability.

References

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Frank, J. (1949). Courts on Trial: Myth and Reality in American Justice. Princeton University Press.

Galligan, D. J. (1991). Judicial Discretion and the Constitution. Oxford University Press.

Hart, H. L. A., & Sacks, A. M. (1958). The Legal Process: Basic Problems in the Making and Application of Law. Tentative edition.

Posner, R. A. (2010). How Judges Think. Harvard University Press.

Scalia, A. (1997). A Matter of Interpretation: Federal Courts and the Law. Princeton University Press.

Tushnet, M. (2009). Weak Courts, Strong Rights: Judicial Review and Social Welfare Rights in Comparative Constitutional Law. Princeton University Press.

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Published

2025-06-30

How to Cite

Samartkul, P. . (2025). Legal Interpretation and Judicial Discretion in Modern Courts. Asian Journal of Humanities and Social Innovation, 2(2), 18–22. retrieved from https://so14.tci-thaijo.org/index.php/AJHSI/article/view/2422

Issue

Vol. 2 No. 2 (2025): April – June 2025

Section

Research Article

License

Copyright (c) 2025 Asian Journal of Humanities and Social Innovation

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