No, it does not depend upon the whim and caprice of the judges, nor it depends upon his personal philosophical view. The strong reason is that he is a judge and not a philosopher. Both the fields are different.
A judge should clearly realize his position as a judge. A judge, with whom the confidence is reposed by the people of any Country, is not free alike individual in the society. A judge has to adore the Constitution, the existing principles of law and the precedent.
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