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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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Stare Decisis and Judicial Review of Public Administration in American Common Law System (John McClellan Marshall)

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John McClellan Marshall

(The Honorable Senior Judge, Fourteenth Judicial District of Texas, Honorary Professor of the Maria Curie-Sklodowska University in Lublin, Poland)

Stare Decisis and Judicial Review of Public Administration in American Common Law System1

Abstract: The publication focuses on the stare decisis principle and its influence on the formation of precedent and later judgements, including the courts control over public administration in the American constitutional order. The article also shows a model of judicial review of public administrative action in the context of American jurisprudence.

Keywords: precedent stare decisis, common law legal culture, judicial control over public administration

Stare decisis is a principle of judicial decision-making that promotes efficiency, fairness, and legitimacy through consistency2. As such, it enhances both consistency and finality internally within the judicial system because it requires that in a given case the lower court must take notice of the decisions of a higher court that have been made on the same or similar matters. It is the definition of “higher” and “lower” that can sometimes lead to confusion when looking at the United States. Because the American state system is a component of the federal Constitutional structure, in addition to the federal court system each state has a judicial branch of government that includes several levels of trial courts and usually two levels of appeal, most often called the “court of appeals” and the “state supreme court.” Within this system, the...

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