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Administrative Discretion

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The exercise of professional expertise and judgment, as opposed to strict adherence to regulations or statutes, in making a decision or performing official acts or duties.

A discretionary action is informal and, therefore, unprotected by the safeguards inherent in formal procedure. A public official, for example, has administrative discretion when he or she has the freedom to make a choice among potential courses of action. Abuse of Discretion is the failure to exercise reasonable judgment or discretion. It might provide a Cause of Action for an unconstitutional invasion of rights protected by the due process clause of the Constitution.



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What one may have though is administrative discretion, meaning that small excesses of speed will in practice be tolerated.
Although formal-theoretic analyses have focused on the administrative discretion arising from enacting legislation (e.
As Kenneth Culp Davis pointed out in his classic statement advocating for more judicial review of prosecutors, "[t]he reasons for a judicial check of prosecutors' discretion are stronger than for such a check of other administrative discretion that is now traditionally reviewable" because the stakes are high, abuses are common, and "much injustice could be corrected.
 
 
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