Judicial Institutions Play A Strategic Role In The Framework Of Legal Justice In National And State Life

Abstract

This study examines the tension between the demands for legal certainty and the need to achieve substantive justice in the judiciary, particularly when judges exercise independence and discretion in deciding cases. The study aims to formulate a construction of judicial independence that can bridge positive law, legal certainty, expediency, and the public's sense of justice. Using a juridicalphilosophical approach, the study analyzes the concepts of independence, gebonden vrijheid, judicial responsibility, and legal values that exist in society. The results show that independence must be constructed as bound and accountable freedom, while discretion needs to be objectified through legal principles, professional ethics, and rational decision arguments. These findings confirm a judicial model oriented towards substantive justice.