The judge's authority: between discretion and empowerment

Abstract

Abstract: This research aims to examine the issue of the judiciary's authority between discretion and empowerment. It analyzes the nature of judicial authority and the boundaries between discretionary and empowering powers, while clarifying the impact of each on achieving justice and ensuring the rule of law. The first section addresses the nature of judicial authority, defining judicial authority and explaining its constitutional and legal sources. It then clarifies the relationship between the principle of criminal legality and the limits of the authority granted to the judge. This section demonstrates that the judge derives his authority from the law and the constitution, and that the principle of legality represents the primary regulator of the exercise of these powers. The second section examines the discretionary power of the judge, clarifying its limits in assessing evidence and presumptions, assessing the penalty between the minimum and maximum limits, and assessing civil compensation. The second section also addresses the controls that regulate this authority, such as judicial oversight and constitutional principles, as well as the interpretations of jurisprudence and the judiciary that contribute to controlling the judge's freedom of discretion. It was demonstrated that discretionary power grants the judge broad flexibility, yet at the same time, it is bound by a number of principles that prevent arbitrariness. The third section addresses the judge's empowering power, which is exercised in accordance with mandatory legal texts that do not permit significant flexibility, such as the power to issue orders and procedures, apply mandatory penalties, and execute judgments. The restrictions that limit this power were also addressed, including mandatory legal texts, the defendant's guarantees and basic rights, and the principle of separation of powers, which ensures balance among state agencies.