Ability and Inability of a Judge: Boundary for Balancing of Interests

Abstract

The fact that a judge can make a discretion on a case has currently acquired recognition. This article is going to make a discussion on employment of the method of balancing of interests by a judge under the active judicial background. It mainly discusses the following several issues: whether a judge should choose a standard inside the law or seek for a standard for judgment outside the law when he makes a judgment? What kind of standards the judge should take? Which standard the judge starts out to make a value judgment? Whether the judgment on the value will enable the judge to make an unscrupulous judgment?