Question

Nature and scope of administrative discretion

Answer 1

In public administration, administrative discretion refers to the flexible exercising of judgment and decision making allowed to public administrators[1][2] Regulatory agencies have the power to exercise this type of discretion in their day-to-day activities, and there have been cases where regulatory agencies have abused this power. Administrative law can help these agencies get on the path of following regulations, serve the public, and in turn, a reflection of the public's values and beliefs.

There's a need for administrative discretion because the public’s interest could be at risk if several agencies were not following laws and regulations. Administrative discretion is important because without it, it could lead to arbitrary and unreasonable use of such discretion, which may lead to destruction of basic principles of administrative law.[3]Although this type of discretion isn't laid out in the job-description of a bureaucrat/public servant, it is necessary because citizens use these bureaucratic institutions every day; such as the D.M.V. , public schooling, and numerous others. Street-level bureaucrats[jargon] have to deal with the provision of service as well as translating vaguely worded mandates into specific cohesive and comprehensive language to organize protocol.[4]

Administrative discretion allows agencies to use professional expertise and judgment when making decisions or performing official duties, as opposed to only adhering to strict regulations or statuses. For example, a public official has administrative discretion when he or she has the freedom to make a choice among potential courses of action. The failure to exercise reasonable judgment or discretion is abuse of discretion.[5]

"I think that in our system of government, where law ends, tyranny need not begin. Where law ends, discretion begins, and the exercise of discretion may mean either beneficence or tyranny, either justice or injustice, either reasonableness or arbitrariness."[6]—Kenneth Culp Davis