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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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Communication in Legal Decision-Making and Public Administration Discretionary Power (Anna Kalisz)

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Anna Kalisz

(Associate Professor, Judicial Decisions Bureau in the Supreme Administrative Court of Poland)

Communication in Legal Decision-Making and Public Administration Discretionary Power1

Abstract: The paper emphasizes that in times of globalization and multi-centric European legal culture the issue of communication arises from the need of mutual acceptance. An increasing role of mutual acceptance on the individual level is displayed not only as the ADR methods recommended for administrative disputes, but also in judicial control of administrative decision and administrative discretionary power.

Keywords: rule (state) of law, communication, decisional process, administrative discretionary power

1. Society has been constantly experiencing an alteration in social mechanisms, values and norms – a social change2. However, various theoretical schools emphasize different aspects of such change; the law – in its sensu largissimo meaning – does not remain indifferent to it. Every “social turn” is either inspired or – more frequently – followed by a “legal turn” since law is an inseparable dimension of social relations. It means legal concepts and legal institutions both on one hand induce changes, on the other react by supporting, preventing or fighting them. The law is not an isolated phenomenon and does not operate (act or react) by itself or in a social vacuum. It is strongly determined by state actions, but also by on-going social trends. Thus, social change can be also considered from the perspective of telos and functions of law and law may be viewed as well...

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