Define: Administrative Discretion

Administrative Discretion
Administrative Discretion
Quick Summary of Administrative Discretion

Administrative discretion refers to the authority granted to administrative agencies or officials to make decisions and take actions within their areas of jurisdiction based on their expertise, judgment, and interpretation of laws and regulations. This discretionary power allows administrative bodies to interpret and apply laws to specific cases, make policy decisions, and exercise judgment in enforcing regulations. Administrative discretion is essential for the effective functioning of government agencies, as it enables them to adapt to changing circumstances, address complex issues, and respond to individual circumstances. However, administrative discretion must be exercised within the bounds of statutory authority, legal principles, and procedural safeguards to ensure accountability, fairness, and consistency in administrative decision-making.

Full Definition Of 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.

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This glossary post was last updated: 29th March, 2024.

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