Discretion

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  • Опубліковано 8 вер 2024
  • Delegations of legislative authority call on administrators to use discretion in formulating standards and policies. The weaker the intelligible principle in the statutory delegation, the greater the potential range of administrative discretion. However, administrative discretion also goes well beyond the rulemaking function. Agencies may exercise a great deal of it in implementing or enforcing laws, rules, other regulations, and policies. They often lack the resources to do everything legally required of them.
    Universal enforcement may be impossible or impracticable. It is an uncomfortable fact that selective application of the law is often inevitable. Equally important, the legal acceptability of many matters is determined by the discretion of “street-level” administrators, such as safety and health inspectors, or weighed on a case-by-case basis through adjudication within administrative agencies.
    The use of discretion by thoroughly trained, professional, expert administrators can be highly beneficial-society has come to depend on it. From a public administrative perspective, discretion is essential to the implementation of laws and the successful achievement of a government’s policy objectives.
    Administrative law is a major means of checking the exercise of administrative discretion to ensure that its use is rational and fair. It does this primarily in two ways: by structuring administrative decision making processes and by providing for procedural and substantive review of administrators’ decisions.

КОМЕНТАРІ • 2

  • @shaungorham6841
    @shaungorham6841 2 роки тому

    Thanks, Connecticut.

  • @StellaShiffer
    @StellaShiffer 19 днів тому

    This is torture wich lasts for several years targeted individual and purpose of legislative law is not legitimate.What they doing is not acceptable by any law.They treate people same as any other object.Ohh my God stay with me all the way to the end . Only i believe and bow to you . Ameen