Administrative discretion refers to the power of administrative agencies to make decisions and take actions within the scope of their authority, without being bound by strict rules or regulations. This discretion is necessary for administrative agencies to effectively carry out their duties and respond to changing circumstances, but it can also raise concerns about accountability and the rule of law.
The rule of law is a principle that requires that all individuals, including government officials and agencies, be subject to and follow the law. It ensures that the government is held accountable for its actions and that the rights of citizens are protected.
One concern with administrative discretion is that it can lead to arbitrary or unfair decision-making, as agencies may not be bound by strict rules and may exercise their discretion in ways that are not transparent or consistent. This can create uncertainty and confusion for individuals and businesses affected by these decisions, and may undermine trust in the government and the rule of law.
To address these concerns, it is important that administrative agencies have clear and transparent processes for decision-making and that they are held accountable for their actions. This may include measures such as judicial review, where a court can review the decisions of an administrative agency to ensure that they are consistent with the law, and public oversight, where the actions of an agency are subject to scrutiny by elected officials or other accountable bodies.
Another way to balance administrative discretion with the rule of law is through the use of guidelines and principles to guide decision-making. These guidelines can provide some structure and predictability to the exercise of discretion, while still allowing agencies to respond to changing circumstances and make decisions that are in the public interest.
In conclusion, administrative discretion is an important tool for administrative agencies to carry out their duties effectively, but it must be balanced with the principle of the rule of law. By ensuring that administrative agencies are accountable and transparent in their decision-making and by providing guidance on the exercise of discretion, we can ensure that the rule of law is upheld and that the rights of citizens are protected.
Administrative Discretion: Administrative Law Notes
Corwin, The President: Office and Powers 1787—1984, at 94—100 5th rev. The coal miners did not report the fatalities, concealed all the corpses, and fled. Abstract: The title of the paper has to be suitable, clear, concise and accurate. As Professor Strauss acknowledges, this perspective confronts chalÂlenges today. For arguments that the President generally lacks statutory authority to direct the exercise of power granted to other officials, see, e. In India the Supreme Court and the High Courts have powers to issue writs in the nature of Habeus corpus.
Relationship Between Rule of Law in Administrative Law
In many countries, typically in England, many of the rules of the administrative law are rules for restricting the wide powers, which acts of parliament confer very freely on ministers and other authorities. What is the impact of decentralized governance on the provision of public goods? But the APA does not mandate this separation for agency heads, who may hear appeals from initial adjudicators and are generally vested with the powers of initial decisionmakers. This article focuses on the relationship between administrative discretion and the rule of law, showing that administrative discretion properly conceived is not only compatible with a particular understanding of the principle of the rule of law but could also become a vehicle allowing the executive to express its commitment to that principle. The juristic basic of judicial review is the doctrine of ultra virus. Raso, Strategic or Sincere? Independent judgment appears as a virtue that applies to a wider range of legal officials but permits greater consideration of the views of others than many suppose. In this vein, if rules generally fare better with regard to notice values than adjudication, then there are reasons to require agencies to, at a minimum, justify opting for adjudication instead of rulemaking.
A Rule of Law: Administrative Law Notes
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There is no set pattern of conferring discretion on an administrative officer. Thayer, The Origin and Scope of the American Doctrine of Constitutional Law, 7 Harv. Close In light of the scope of lawmaking by administrative institutions—our form of government is, importantly, administrative government 9 9 See, e. These same deficits would also seem to apply to administrative adjudication in comparison to rulemaking. The results recorded from 2006 to 2013 rose significantly; from 56% to 79%. Close an agency could alter authoritative guidance only through a new notice-and-comment rulemaking.
Administrative Discretion: Meaning and Grounds of Control
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. Close But guidance documents can have significant rule-of-law benefits. Cet article examine la relation entre la discrĂ©tion administrative et la primautĂ© du droit. Author: Pooja Pawar, LLB from NBT law college Nashik. But it still insists that even for executive officials, as well as those further down the institutional hierarÂchy, there is a distinction worth maintaining about whose duty and power is at issue.
The Abuse of Administrative Discretion
Strauss, Resegregating, supra note 36, at 442 noting this fundamental point. This principle is related to the due process of law, which states that government must act strictly according to accepted procedures. 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. Justification provides protection against arbitrariness; part of what defines arbitrary action is action that is not justified. However, acting according to law does not satisfy the meaning of rule of law in the presence of wide discretionary powers. It will be helpful to look into the various theses that purport to define the rule of law.
Discretion and the Rule of Law
Justification of policymaking choice is a more minimal demand, though one that does open the door to judicial second-guessing of agency practices. Quo warranto an issuing writ person concerned is called upon to show the court by what authority he holds the office or Liberty. Indeed, this ultra vires principle—that only authorized action is valid—is, and could be nothing other than, a cornerstone of administrative law. This suggests a rule-of-law foundation for removal protections for adjudicators. But the Parliament itself is controlled by the people. Through judicial pronouncements and legislative action, this has been fine-tuned for Indian conditions.
