The Judge’s Discretionary Power in the Financial Effects of Marriage and Its Dissolution

Abstract

Legal rules are divided into rigid and flexible categories. Rigid rules remain unchanged across cases, while flexible rules grant judges discretion to interpret and adapt the law according to circumstances. Although judges are not legislators, their discretionary authority allows them to align legal provisions with practical realities, ensuring that the law remains dynamic and responsive to social developments. However, this authority operates within judicial limits, as judges must act in accordance with the spirit of the law rather than creating new norms. Judicial interpretation thus serves to clarify ambiguities, uphold the public interest, and maintain legal coherence and adaptability.