
03/08/2025
Courts do not merely interpret law: they make it. In all legal systems, judgescannot escape making law because written laws are not always clear and unambiguous. In this sense, judicial discretion is unavoidable and part of the legitimate judicial process. Legitimate judicial discretion, however, should be distinguished from judicial activism, which occurs when courts disregard the clear and precise wording of the relevant legal texts or resolve legal uncertainty to further certain political objectives or their own power....
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