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Discretionary Power of Public Administration

Its Scope and Control

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Edited By Leszek Leszczyński and Adam Szot

The book analyzes various aspects and examples of public administration discretionary power within the processes of law application. It presents a variety of factors that may affect the range of discretion as well as the influence on public administration’s reasoning. The authors evaluate the complexity of forms and procedures for control of decision latitude that is exercised by the public administration and the society.

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Discretionary powers of the public administration in law application processes and its judicial control (Adam Szot)

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Adam Szot

(Ph. D., Maria Curie-Sklodowska University in Lublin, Poland)

Discretionary powers of the public administration in law application processes and its judicial control1

Abstract: The objective of this work is to demonstrate the expressions of the discretionary powers of the public administration in the process of the issuing of binding individual legal decisions and the scope in which the judicial control of the administration can verify the correctness of activities of the administration within the limits of its margin of decision.

Keywords: Discretionary power, judicial control of the administration, law application, law interpretation

1.  Introductory remarks

Having in mind the need to create opportunities for public administration agencies to adapt their actions to individual situations and needs in the dynamically changing social reality, the legislator grants them a specific scope of decision-making margins, i.e. discretionary powers. At the same time, there are also other sources of such powers in the law application process, emerging irrespectively of the legislature’s intention.

The objective of this publication is to show the expressions of the actual discretionary powers of the public administration in law application processes, i.e. the processes of the issuing of binding legal decisions shaping, in a dominant manner, the rights and obligations of an individual as well as the degree to which they are or can be subjected to the control of an independent court. This approach differs from the one presented...

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