What Is Judicial Discretion?
Judicial discretion refers to the authority that judges have for making and interpreting certain laws. Within the United States, judicial discretion is one of the fundamental tenants of the system of law, and is guaranteed in the United States Constitution. Both state and federal judges can exercise judicial discretion, although their discretion is not unlimited. The US Constitution created three branches of government: executive, legislation and judicial. The doctrine of separation of powers vested certain rights in each of these branches. The system of checks and balances ensures that each branch of the government is able to maintain some degree of independence.
