Discretionary power definition. ▷ Discretionary Power 2022-12-21

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Discretionary power refers to the ability of an individual or organization to make decisions or take actions based on their own judgment or discretion. This type of power is often granted to individuals or organizations in positions of authority, such as judges, police officers, and government officials.

Discretionary power can be a valuable tool for ensuring that decisions are made in a flexible and responsive manner, taking into account the specific circumstances and needs of a particular situation. For example, a judge may use their discretionary power to decide on a sentence that is appropriate for a particular crime, taking into account the offender's past criminal history and the severity of the crime.

However, discretionary power can also be subject to abuse, as it is not always clear what criteria are being used to make a decision. In some cases, discretionary power may be used to discriminate against certain groups or individuals, or to serve the interests of those in positions of authority rather than the broader community.

To prevent such abuses, it is important to have clear guidelines and oversight in place to ensure that discretionary power is used responsibly and fairly. This may include establishing clear rules and procedures for decision-making, as well as providing opportunities for public input and review.

Overall, discretionary power is a valuable tool that can be used to respond to the needs of a particular situation, but it is important to ensure that it is used responsibly and in the best interests of all parties involved.

What is Discretionary Power? Definition, Meaning, Example

discretionary power definition

. The individual may wish to argue that an established policy should be applied to a particular case, while the public body may whish to change the policy. The unlawful delegation can not be cured under the pretext that it was not delegation but creation of an agency? An example is the. . . Legally, it is the power to exercise a discretion with which the courts cannot interfere. Likewise, discretion must be used in determining how much force is needed to bring a suspect into compliance.

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Discretionary Power Law and Legal Definition

discretionary power definition

Partial or total failure to exercise discretion may also occur when the public authority has failed to appreciate the amplitude of its authority to exercise discretion. The researcher has tried find answers to such questions and examined the decisions of the court in such cases. Such balance is essential so that there is no misuse of discretionary powers by the executive. Other causes included the rise of representative government, the separation of judicial from executive and legislative powers of government, and the separatio. What is meant by discretionary powers under administrative law? An example of discretion is not talking about politics at family dinners. Secondly, the agent can be given detailed directions by the principal and does not usually have a wide area of personal discretion.


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Discretionary power Definition

discretionary power definition

Granting of writ of certiorari is the discretionary review in U. The existence of a rule or a policy which is upheld by the court raises three important questions: First, the individual may wish to argue that the policy should not be applied to a particular case. . The discussion which will follow is based on two issues i When the public body has laid down a policy or a rule what test should the court apply in determining whether such a general policy should be allowed to stand? Agency and Delegation Both delegation and agency involve authorizing someone to act on the behalf of another. .

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▷ Discretionary Power

discretionary power definition

These elements include natu. The power of ordinance promulgation cannot be considered a substitute for the President's legislative power. Price levels in both countries are substantially the same, considering the rate of exchange. This power to act or not to act in one way or other is called Discretionary power. A discretionary power can be given to a certain state authority solely on legal grounds that precisely determines the framework of this authorization. Administrative agencies can adopt rules and policies to carry out duties delegated by legislature. Takedown request Why is discretionary power important? Jalgaon, Chalisgaon - 424 101, Maharashtra, India.

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Police Discretion Definition

discretionary power definition

A discretionary power must in general, shall be exercised by the authority to whom it has been committed. Share this: Facebook Twitter Reddit LinkedIn WhatsApp Administrative law, today, is the most litigated and rapidly developing sub-branch of constitutional law. . . Some complain that the use of discretion can lead to unfairness on the basis of race, gender, religion and the like.

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Discretionary Power

discretionary power definition

Administrative Powers conferred by Law: The government has power to dismiss, remove or reduce in rank a government servant but such a power is exercisable after giving a hearing into the concerned person. Takedown request Is ordinance a discretionary power? Categories Tags Post navigation. . Still, they can decide to give some people warnings if they deem that this would be the most effective way to protect the public. A second is where the public body adopts a policy which precludes it from considering merits of a particular case.

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What is discretionary power?

discretionary power definition

Administrative Power: Administrative power is the power to administer or enforce a law. An example of discretion is the ability of a juror to determine a verdict. The ordinance has the same effect as a legislature of the state. Discretionary review differs from state to state. It is quite obviously not possible to arrest every single person who happens to break the law. Discretion is defined as the right of someone to make choices or the quality of someone who is careful about what they do or say. Whether a person other than that named in the empowering statute is allowed to act will depend upon the statute which lays down the provision for delegation.


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Discretionary Definition & Meaning

discretionary power definition

Veto powers exercised by the President: A bill cannot become an act of the Indian Parliament until it receives the assent of the President of India. The ordinary course of delegation is divestment of the delegator to the delegate until and unless there was an express or implied retention of some or all of the powers. In most administrative actions, the administrative authority has the power either to act or not to act in one way or the other. . .

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