Judicial discretion is constrained but never wholly eliminated.

Evidence

Of course, judges are not free to give whatever interpretation they wish to the law, to decide cases however they choose. Judges operate within legal and political constraints. For example, all judges take an oath to decide cases in accordance with the law and have been trained as to how to ascertain its meaning. 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. They also are influenced by the expectations of colleagues and lawyers. These factors affect the range of discretion judges exercise and the constraints they feel. Ultimately, however, judicial choice is channeled rather than eliminated. Because the law may be uncertain or unclear, a judicial commitment to decide cases according to the law does not eliminate judicial choice. — G. Alan Tarr, Judicial Process and Judicial…, 198

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. Because the law may be uncertain or unclear, a judicial commitment to decide cases according to the law does not eliminate the necessity of judicial choice. — G. Alan Tarr, Judicial Process and Judicial…, 188

Categorization

• DEFINE: Clarifies the ‘channeled rather than eliminated’ conception of judicial discretion central to interpretive theory.
• XREF: Relates to legal process school and Hart’s ‘open texture’ of law; the channeled-discretion framing is central to the course’s study of how judges apply law. — connects to: Judges create law when forced to choose among competing interpretations. — G. Alan Tarr, Judicial Process and Judicial…, 196; Pure legal-meaning disputes can arise where both sides agree on all facts.; Legal uncertainty creates disputes, litigation, and judicial discretion — G. Alan Tarr, Judicial Process and Judicial…, 214 (+8 more)
• corroborated: 2 independent passages support this claim — G. Alan Tarr, Judicial Process and Judicial…, 198; G. Alan Tarr, Judicial Process and Judicial…, 188

Broader Connections

• Judicial discretion is constrained by written opinions and the craft of judging. #expands (0.95) — G. Alan Tarr, Judicial Process and Judicial…, 1281
• Vague judicial mandates expand lower judges’ discretion to limit rulings #expands (0.90) — G. Alan Tarr, Judicial Process and Judicial…, 3188
• No judicial selection system fully eliminates political influence #qualifies (0.80) — G. Alan Tarr, Judicial Process and Judicial…, 498
• Norms of proper judicial conduct vary across courts and over time #complicates (0.75) — G. Alan Tarr, Judicial Process and Judicial…, 2610