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NeCede's

Maxim 8.1.13

That law is best which leaves least to the discretion of the judge; that judge is best who leaves least to his own will.

Optima est lex quae minimum relinquit arbitrio judicis; optimus judex qui minimum sibi.

Source: Bacon, Aph. 8, 46; Broom, Max. 84; 1 Kent, Comm. 478; Weisman, 63q Difficulty 2/5 — Approachable

Explanation

Arbitrary discretion is the enemy of liberty — the more a judge's decision is bound by fixed principles of law, the safer the rights of the people.

Where this applies

  • The law gives the judge too much discretion — people's rights shouldn't depend on one person's whims.
  • A good system limits how much personal judgment a judge can inject into decisions.

Topics

Judges & Judicial Office

Legal domains

constitutionalprocedural

See also

Cite this maxim

NeCede Max. 8.1.13 — That law is best which leaves least to the discretion of the judge; that judge is best who leaves least to his own will. — Bacon, Aph. 8, 46; Broom, Max. 84; 1 Kent, Comm. 478; Weisman, 63q (Optima est lex quae minimum relinquit arbitrio judicis; optimus judex qui minimum sibi.)

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