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Legal Interpretation and Judicial Discretion in Modern Courts |
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| รหัสดีโอไอ | |
| Creator | Prasat Samartkul |
| Title | Legal Interpretation and Judicial Discretion in Modern Courts |
| Publisher | Dr.Ket Institute of Academic Development and Promotion |
| Publication Year | 2568 |
| Journal Title | Asian Journal of Humanities and Social Innovation |
| Journal Vol. | 2 |
| Journal No. | 2 |
| Page no. | 18-22 |
| Keyword | Legal interpretation, Judicial discretion, Judicial reasoning, Modern courts, Constitutional law |
| URL Website | https://so14.tci-thaijo.org/index.php/AJHSI |
| Website title | https://so14.tci-thaijo.org/index.php/AJHSI |
| ISSN | 3088-1897 |
| 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. |
