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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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Some Remarks on Good Law and Good Administration (Wojciech Dziedziak)

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Wojciech Dziedziak

(Associate Professor, Maria Curie-Sklodowska University in Lublin, Poland)

Some Remarks on Good Law and Good Administration

Abstract: The paper concerns issues of good law and good administration, which are inextricably intertwined as one can hardly speak of any good administration without human-oriented law whose content is also good.

Keywords: good law, good administration, a human being as an objective of administrative actions.

1. Factors that shape discretionary measures in law application processes in public administration must be investigated prior to discussing symptoms of discretionary actions. At the very beginning one must point to good seen as a fundamental value on which law ought to be based. The value that is fundamental for law ought to be (must be) respected throughout legal order (both in legislation and the application of law)1. Pointing to good constitutes a clear and distinct position that may solve one of the fundamental problems, i.e. the range of discretionary powers in the administrative type of law application.

However, one must face the question what good is and how to understand its nature. So crucial is the question about good that it has never stopped inspiring humans. The same may be said about law. Hence, a belief has been held for over two thousand years, especially within the circle of European civilization and culture, also legal culture, which law ought to be good. Investigations into good are certainly difficult...

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