Judicial discretion is channeled by constraints, not eliminated.

Evidence

This is not to say, of course, that judges are free to give whatever interpretation they wish to the law, to decide cases however they choose. Judges operate within a set of legal and political constraints. For example, all judges take an oath to decide cases in accordance with the law. Even before their elevation to the bench, they are socialized through years of legal training and experience as to the proper behavior for a judge. Once in the court, they must consider the expectations of colleagues and lawyers. These factors affect the range of discretion that judges exercise and the sorts of constraints that they feel. Ultimately, however, judicial choice is channeled rather than completely eliminated. — G. Alan Tarr, Judicial Process and Judicial…, 188

Categorization

• XREF: Frames the constraint-versus-discretion debate running through the course. — connects to: Judges create law when forced to resolve statutory ambiguity. — G. Alan Tarr, Judicial Process and Judicial…, 187; Judicial discretion is constrained but never wholly eliminated. — G. Alan Tarr, Judicial Process and Judicial…, 198; Judicial discretion, though freedom-like, remains disciplined by tradition, analogy, and system. — G. Alan Tarr, Judicial Process and Judicial…, 1295 (+12 more)
• recurring: this claim recurs 3 times within its source

Broader Connections

• Judicial discretion is constrained but never wholly eliminated. #corroborates (1.00) — G. Alan Tarr, Judicial Process and Judicial…, 198
• Judicial discretion, though freedom-like, remains disciplined by tradition, analogy, and system. #corroborates (0.92) — G. Alan Tarr, Judicial Process and Judicial…, 1295
• Judicial discretion is constrained by written opinions and the craft of judging. #expands (0.85) — G. Alan Tarr, Judicial Process and Judicial…, 1281
• Legal doctrine constrains lower courts far more than the Supreme Court #expands (0.78) — Frederick Schauer, Thinking Like a Lawyer, 257