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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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Justification as the limitation of the discretionary power of the administrative judge (Bartosz Wojciechowski / Marek Zirk-Sadowski)

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Bartosz Wojciechowski

(Associate Professor, University of Lodz, Poland, The Supreme Administrative Court of Poland Judge)

Marek Zirk-Sadowski

(Professor, University of Lodz, Poland, The Supreme Administrative Court of Poland Judge)

Justification as the limitation of the discretionary power of the administrative judge1

Abstract: The subject matter of this article is that any decision should find its justification in the current law. In this case, judicial discretion involves choosing the appropriate forms of arguments and finding a balance between the applied interpretative rules and the principles of law when it is not possible to read the meaning of a specific legal provision literally.

Keywords: justification, judicial discretion, legal argumentation

A peculiar feature of modern legal systems, which are characterised by the rule of law, is the tendency to avoid subordinating law, in particular administrative law, to acute political and economic goals. Such an objective is achievable only through the protection of the relative autonomy of the legal culture, which can protect against the instrumentalisation of the standards of the protection of the rights of individuals. In the context of administrative law, therefore, we can observe a transition to the administrative model2.

An autonomous system relies on a relationship between the law and the political system, in which the law is a source of values, which are not voluntarily granted to the citizen by the state. Law ceases to be a kind of...

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