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assuming courts have the power to interpret a law as they see fit (subject to removal of judges through various procedures) do they have an ethical responsibility to interpret a law a certain way even if it deviates from the law's basic interpretation (to make it narrow or broad) ? specifically in criminal law and rights law

OldAccount2005
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  • What do you mean by "drafter". Those who make the law, i.e. the legislative branch of government? – armand Feb 27 '23 at 08:51
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    Please clarify your specific problem or provide additional details to highlight exactly what you need. As it's currently written, it's hard to tell exactly what you're asking. – Community Feb 27 '23 at 08:57
  • @armand yes thats what I mean – OldAccount2005 Feb 27 '23 at 10:35
  • If the "certain way" is dictated by the constitution, the law itself or other laws, or by controlling judicial precedents then yes, they have an ethical responsibility to interpret accordingly. – Conifold Feb 27 '23 at 10:54

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When you say that courts have the power to interpret the law 'as they see fit' you must not assume they have an entirely free hand. The role of judges in interpreting the law is subject to rules that vary from country to country. On the internet are many freely-available sources that consider the point, in summary and in detail.

Marco Ocram
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  • I only know my country's system but from what I've read most secular and seperation-of-powers countries have a high level of judicial discretion – OldAccount2005 Feb 27 '23 at 20:27