Indeterminate concepts in statutes are open to interpretation. It provides flexibility, but also creates the potential for abuse of discretion. How should they be interpreted?
Statutory terms and indeterminate concepts
Statutory provisions are often phrased as conditional statements that consist of a requirement and an effect, such as “if A is true, then B must be done”. However, the requirements or effects are not always straightforward. This is because legal texts may use indeterminate concepts whose true meaning requires consideration of specific circumstances. This can be seen as an attempt by the law to go beyond formalized rules to cover realistic and diverse situations.
Examples of indeterminate concepts: Civil law and prospective damages
An example of the use of indeterminate concepts in civil law, which governs legal relations between individuals, is the provision that “if the amount of damages to be awarded is unreasonably excessive, the court may reduce it accordingly”. In this case, the court has discretion to determine the requirements and effects. The amount of anticipated damages is a type of penalty, and a penalty penalty is a sanction for breach of contract. If the nature of the penalty cannot be proven, it will be treated as an anticipated damages.
If a contract is breached because the debtor is at fault for the failure of the contract to be realized, the creditor who suffered damages must prove the amount of damages to be awarded. However, if the amount of damages was fixed, the creditor does not need to prove the amount of damages to receive the amount of damages. In this case, no matter how much damages are proved, you can’t get more than the amount of the judgment. On the other hand, if the penalty is proven to be a penalty penalty, the creditor can receive the penalty amount, which cannot be reduced by the court, unlike the amount of the expected damages. In this case, if the creditor proves the amount of damages, it can also receive damages.
Use of indeterminacy: administrative decrees and discretionary acts
The concept of indeterminacy is also used in administrative decrees. Administrative decrees regulate administrative acts, which are law enforcement actions that an administrative body performs on specific facts. If the statutory requirements are met, the effect is that the administrative act is mandatory. On the other hand, when an administrative agency is given the discretion to choose the specific content of the administrative action that will have the effect of fulfilling the statutory requirements, the administrative action is discretionary. If a statute uses an indeterminate concept, the administrative action based on it is usually discretionary.
An administrative agency may use its discretion to clarify the criteria for exercising discretion, which are called discretionary rules. A discretionary rule is not a statute, so failure to exercise discretion in accordance with the discretionary rule does not violate the underlying statute. However, once an administrative practice has been established by repeatedly taking certain lawful administrative actions in accordance with a discretionary rule under certain requirements, the administrative agency is required to take the same administrative action if the same requirements are met. This is to ensure consistency and fairness in administration, and because administrative agencies must uphold the principle of equality.
Importance and limitations of indeterminate concepts
The inclusion of indeterminate concepts in the law allows for flexibility in the interpretation of the law and provides flexibility to adapt to different situations. However, it also creates the possibility of abuse of discretion or inequality in the process of law enforcement. Therefore, courts and administrative agencies should be cautious when interpreting and applying indeterminate concepts and ensure that such discretion is exercised fairly and transparently.
The use of indeterminate concepts in legislation is necessary to ensure that the law covers both changing social realities and diverse situations. Since fixed rules alone cannot cover all situations, the indeterminate concept allows for flexibility and allows for appropriate decisions to be made as needed. This characteristic of the law allows for fair judgments to be made in specific situations while maintaining the stability and fairness of the law.
