| Abstract [eng] |
The object of this master's thesis is to present the theoretical concept of discretion, to evaluate its positive and negative aspects when a judge makes decisions. The concept of discretion is presented through the evaluation of discretion provided by several authors, and their comparison with each other, as well as other scientific literature, much deeper understanding is understood through the limitations of discretion, its benefits, and its division into certain groups, as well as its necessity and place in the legal system. Attention is paid to the moment and reason why and when the discretion arises, as well as whether the discretion has an end. The paper also deals with discretionary legal interpretation and interpretation of the law, when the existing legal norms do not provide an appropriate answer or provide several possible variants, and discretion helps to properly assess and reinterpret legal norms and make the most appropriate decisions. This work demonstrates the inseparability of discretion from a judge and his or her decision. Part of the work is devoted to examining decisions and specifically more by analyzing the specifics of how judge decisions are made. The judge, as a subject with the right and at the same time the duty to make decisions, is focused on examining how psychological and environmental factors affect the judge precisely at the time when the judge has to make a decision. It also examines whether a judge can completely dissociate himself from his emotions and plan when making decisions and make a decision based only on rational reason and legal norms, and whether the decision thus best implements the spirit of law for the judge's decisions. |
