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 ?
The exercise of administrative discretion, no less than judicial discretion, must be limited to a consideration of 'the factors relevant to the decision.' Nothing we have said in this opinion should be read as diminishing in any way the broad discretion that the licensing authority has to determine whether an applicant for a firearms license is a suitable person and, if so, what restrictions, if any, should be imposed on such a license.
One of the most important and least scrutinized areas of environmental policy is the exercise of administrative discretion. Those committed to environmental action tend to focus on law reform, international treaties, and political commitments--for example, election proposals for carbon taxes and pipelines, or environmental protections in global protocols and trade agreements.
This flexibility, Estrada explained, is also consistent with Section 12 of Batas Pambansa 232 or the "Education Act of 1982" which grants the school administrators the "administrative discretion necessary for the efficient and effective performance of their functions."
National University of Singapore law professor Andrew Harding said many of the changes can be done via ordinary legislation, exercising administrative discretion, or regulating statutory bodies.
The committee-unveiled documents showed the OCA sought a two-track approach in orchestrating specific efforts to trade court rulings for the Park's administrative discretion.
Looking first at empirical and normative traction then at iterations in practice, they consider such aspects as democratic legitimacy and executive rule-making: positive political theory in comparative law; bolstering authority by enhancing communication: how checks and balances and feedback loops can strengthen the authority of the European Court of Human Rights; authority monisms in international organizations: a historical sketch; the role of the Court of Justice in shaping the institutional balance in the European Union; judicial review of European Union administrative discretion: how far the separation of powers matters; and relative authority and institutional decision-making in world trade law and international investment law.
Where a legislative scheme is challenged because of its potential to infringe Charter rights in individual cases, courts have, on numerous occasions, upheld the scheme on the basis that it includes a "safety valve," or administrative discretion to consider individual circumstances and tailor the scheme's impact accordingly.
She urges, as others did in the 1970s, better transparency to improve oversight and provide checks and balances on administrative discretion. However, I believe we have relied too much on laws and court orders to direct action.
In his resolution, Diaz said: 'Courts cannot or will not determine a controversy involving a question which is within the jurisdiction of the administrative tribunal...where the question demands the exercise of sound administrative discretion requiring the special knowledge, experience and services of the administrative tribunal to determine technical and intricate matters of fact.'
Koch, Jr., Judicial Review of Administrative Discretion, 54 Geo.
Pradhan said, the Government is following principles of Enhancing production; Attracting investment and technology; Generating employment; Transparency; and Minimising administrative discretion. Oil and gas sector has also been identified as the major national initiative under Make in India policy reform.
Regardless of appealability, administrative discretion is not and never can be 'complete' because it is always bounded by the requirement that an agency act within the law and not violate constitutional safeguards."

Full browser ?