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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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The role of judicial opinion in controlling the discretionary power in public administration (Iwona Rzucidło-Grochowska)

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Iwona Rzucidło-Grochowska

(Ph. D., Judicial Decisions Bureau in the Supreme Administrative Court of Poland)

The role of judicial opinion in controlling the discretionary power in public administration1

Abstract: Controlling discretionary power in public administration by the administrative courts is also a matter of judicial opinion, not only one of judicial decision-making. From a practical point of view, the crucial role in this respect is played by the motives of the judicial decision, not by the ruling itself (by tenor).

Keywords: judicial opinion, discretionary power, judicial reasoning, legal argumentation

1. The possibility of verifying decisions, even those issued by organs enjoying discretionary power, is among the most important rights in a democratic state. The control exercised by the administrative judiciary is intended to directly review the conduct of the body of public administration in the field of discretionary power. This control takes place in several ways: deciding on cases when the organ did not undertake any action, or when the organ issued a decision.2

One of the crucial areas where such a control takes place is the administrative judiciary deciding on individual cases in order to verify actions taken by public administration – when a party disagrees with the decision of the organ. To present a claim in court, the party usually needs to obtain the justification for the organ’s decision to refer to the arguments and findings in it. Because of this, administrative organs...

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