"Administrative discretion refers to the flexible exercising of judgment and decision making allowed to public administrators."
Explains the extent of administrative discretion and how it is exercised in administrative decision-making, including the factors considered by agencies in exercising their discretion.
Introduction to Administrative Law: This topic provides an overview of administrative law, its history, and sources of administrative law.
Nature and Scope of Administrative Discretion: This topic covers the meaning of discretion and its scope in administrative law.
Legislative Control over Administrative Discretion: This topic discusses the legislative control over administrative discretion by analyzing the delegation and review of administrative decisions.
Judicial Control over Administrative Discretion: This topic covers the judicial control over administrative discretion through the principles of natural justice, statutory interpretation, and judicial review.
Administrative Discretion and Human Rights: This topic deals with the relationship between administrative discretion and human rights, including the doctrine of proportionality and the right to a fair hearing.
Administrative Discretion and Public Interest: This topic analyzes the concept of public interest and its role in administrative discretion.
Theories of Administrative Discretion: This topic covers the various theories of administrative discretion, including the abuse of discretion, rationality, reasonableness, and legality.
Types of Administrative Discretion: This topic discusses the different types of administrative discretion, including discretionary powers, discretionary decisions, and discretionary policies.
Limits to Administrative Discretion: This topic covers the limits to administrative discretion, including the principles of legal certainty, non-discrimination, and accountability.
Administrative Discretion and Administrative Procedure: This topic discusses the relationship between administrative discretion and administrative procedure, including the principles of natural justice, the right to information, and the right to challenge administrative decisions.
Prosecutorial Discretion: This is the discretion given to prosecutors to choose whether or not to initiate legal proceedings against an individual or an entity.
Enforcement Discretion: This is the discretion given to law enforcement agencies to decide how strictly to enforce laws.
Licensing Discretion: This is the discretion given to administrative agencies to determine whether to grant or revoke licenses.
Waiver Discretion: This is the discretion given to administrative agencies to waive certain requirements, such as application fees or specific regulations.
Rulemaking Discretion: This is the discretion given to administrative agencies to create or modify regulations in accordance with their statutory mandate.
Deference Discretion: This is the discretion given by courts to administrative agencies, allowing them to use their expertise in interpreting complex statutes or regulations.
Discretionary Review: This is the discretion given to administrative agencies to decide which cases to review and which to ignore.
Investigative Discretion: This is the discretion given to administrative agencies to determine the scope and extent of their investigations.
Settlement Discretion: This is the discretion given to administrative agencies to negotiate settlements with violators of regulations.
Adjudicative Discretion: This is the discretion given to administrative agencies to determine the outcome of individual cases.
"Regulatory agencies have the power to exercise this type of discretion in their day-to-day activities."
"There have been cases where regulatory agencies have abused this power."
"Administrative law can help these agencies get on the path of following regulations."
"Without it, it could lead to arbitrary and unreasonable use of such discretion, which may lead to the destruction of basic principles of administrative law."
"Citizens use these bureaucratic institutions every day; such as the D.M.V., public schooling, and numerous others."
"Street-level bureaucrats have to deal with the provision of service as well as translating vaguely worded mandates into specific cohesive and comprehensive language to organize protocol."
"Administrative discretion allows agencies to use professional expertise and judgment when making decisions or performing official duties."
"A public official has administrative discretion when he or she has the freedom to make a choice among potential courses of action."
"The failure to exercise reasonable judgment or discretion is abuse of discretion."
-Kenneth Culp Davis
"The exercise of discretion may mean either beneficence or tyranny, either justice or injustice, either reasonableness or arbitrariness."