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Discretionary Power of Public Administration

Its Scope and Control


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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I. Public administration in modern states is perceived as an organisation of a special kind which acts on behalf of a state as well as for its sake, but also for units subjected to state powers. Hence, a projection is brought into life of a way in which a society is to function, which is drafted and favoured by a centre of the political power. The activity of public administration is geared towards taking most efficient actions within their legal boundaries and accounting for socio-political conditions.

Activities of public administration organs are being assessed through elaborate control and supervision systems, which frequently builds their vested interest in the content of decisions being made. Simultaneously, processes of administrative decisions occur in situations with potential conflicts of interest.

A legislator provides public administration organs with an appropriate range of competence in order to facilitate best possible fulfilment of their tasks. Additionally, they are granted administrative powers, i.e. a possibility to decide unilaterally about a content of a legal relation between themselves and subjects from outside the administration realm. Imperative forms of administrative actions remain an indispensable element for humans to function within a society organised in a state despite numerous attempts at finding new ways and methods for meeting needs of the society and its members.

A legislator also provides public administration organs with some decision latitude in order to facilitate efficient fulfilment of their tasks and to adjust activities they undertake to individual...

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