Administrative Discretion

Administrative Discretion

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.

References in periodicals archive ?
What degree and sorts of academic involvement and administrative discretion are provided for in retrenchment clauses?
Such statements involve known and unknown risks and uncertainties, including the fact that the administrative discretion of the FDA may result in either the timing or the nature of any approval for Copaxone(R) differing from that anticipated by the Company.
Secondly, the reforms increased economic technicality and the Commissions administrative discretion in the enforcement of competition rules at the expense of judicial and parliamentary oversight.
In contrast, ScaliaAEs literalist approach constrained administrative discretion with regard to agency actions, but left broad discretionary powers to agency inactions.
Therefore, leaders of service agencies must also ensure that structural and procedural arrangements of their organization encourage the responsible exercise of administrative discretion and promote responsiveness to the needs of their clientele.
As a result the exemption has been implemented differently from a university to another based administrative discretion of the university.
Under the doctrine of primary jurisdiction, courts will not determine a controversy involving a question within the jurisdiction of the administrative tribunal, where the question demands the exercise of sound administrative discretion requiring the specialized knowledge and expertise of said administrative tribunal to determine technical and intricate matters of fact.
In contrast, the minority adopts a categorical distinction between Charter review and administrative review based on whether the government activity at issue involves law or administrative discretion.
And it records the clear intention by the Directorate to apply administrative discretion in trying to be fair in the application of the 10% -substantially all rule on a 3-year basis.
Bovens and Zouridis argue that, far from reducing the impact of administrative discretion through achieving "perfect" information systems, the new technology increases the little noticed discretionary power of system designers, a political question embedded in a development that could otherwise appear purely technical.
Bertelli and Lynn claim this test permits administrative discretion in agency management that is responsibly exercised.
Finally, regulations pertaining to student appearance should be sufficiently specific to provide notice to those subject to the regulations and guidance to administrators, yet be sufficiently general to allow for some administrative discretion.

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