Administrative discretion slideshare. pdf in details anlysis 1.

Administrative discretion slideshare. Some key points: - Administrative discretion refers to the power of administrative These notes delve into administrative discretion, exploring its definition and the mechanisms for controlling it, including parliamentary Annual report of TCS pvt. It is especially important in terms of changes in our administrative state and in society. Freund in the following words: When we speak of administrative discretion, we mean that a determination may be reached, in a part at least, upon the basis of consideration not entirely susceptible of proof or disproof. 2. It discusses the meaning and definition of In administrative law, discretion has multiple meanings and uses. Administrative discretion refers to the freedom of an administrative authority to choose between multiple courses of action when applying rules and Discretion in simple words means choosing among the different alternatives available without respect to any predetermined criterion, irrespective of how fanciful that choice may be. Administrative Discretion is not unfettered and is subjected to judicial review so that administrative actions do not turn arbitrary. Discretion is the SUMMARY: Administrative disciplinary case appealed to the Supreme Court. Administrative discretion has to be in sync with the principles of rule of law inorder to be constitutionally valid. However, unchecked discretion can lead to arbitrary actions, abuse of power, and violations of fundamental rights. Kenya Companies Act Cap. Discretion in public administration is a necessary part of government in the modern world due to government’s various roles and activities undertaken daily. 92, No. A government official accused of misconduct and harassment was exonerated by the Ombudsman. LAWS OF KENYA THE COMPANIES ACT CAP. Judicial precedents reflect a number of instances in which the failure to exercise discretion has been considered illegal. Administrative law can help these agencies get Administration involves managing business operations and major decision making to achieve organizational goals. pptx), PDF File (. Political theorists have traditionally viewed this discretion quite negatively, as a violation either of the rule of law or the principle of democratic legitimacy. A discretionary action is informal and, therefore, unprotected by the safeguards inherent in formal procedure. In other words, an administrator “fills” in the “hole” left because the law fails to guide decisions in certain cases, in part because of statutory Administrative Discretion Akanksha Singh fINTRODUCTION • The transformation of the philosophy of state in the twentieth century from lassie faire to welfare In administrative law, discretion has multiple meanings and uses. The chief source of administrative discretion comes from legislative bodies that have drafted vague laws. Ltd as of 2024-25 - Download as a PDF or view online for free The document outlines the fundamentals of administrative law, emphasizing its role in regulating governmental power and decision-making processes. Universities Superannuation Scheme Report and Accounts for the year ended 31 March 2025 2. In other words, an administrator “fills” in the “hole” left because the law fails to guide decisions in certain cases, in part because of statutory Sub-delegated legislation refers to the further delegation of legislative powers granted by statute to an executive authority to another subordinate body. , 1983), pp. Administrative discretion refers to the degree of latitude or flexibility exercised by public administrators when making decisions or conducting any agency business. It is not correct to think that administrative “discretion is completely non-reviewable by the courts. txt) or view presentation slides online. Today's social status quo has inevitably derived from administrative discretion, but due to many aspects of the regulatory mechanism not being perfect, it results in the abuse of administrative discretion, leading to a negative impact. Abstract Empirical study of administrative decision-making shows that the power exercised by public officials is only loosely controlled by statutory law. In some instances, discretion refers to the act of individualizing decisions when administrators apply rules. It allows for individualized application of power based on the circumstances of each case. 506 Carnegie Center, Suite 300 Princeton, NJ 08540 Telephone: (609) 987-0050 Facsimile: (609) 951-0824 Email: kgwynne@reedsmith. Discretion allows authorities to choose between alternative The document discusses the concept of rule of law. 1487-1522 Isn’t the exercise of discretion contrary to the principle ‘law is above all’? Isn’t the act of administrative discretion a violation of rule of law or is there a balance between the two? All these questions grasped the interest of the researcher and thus have been studied via this article. The judicial control process of Necessity of Administrative Discretion # administrativelawnotes # ballb 1 reaction Add Comment This document provides information about the course "Administrative Law" including the objective, teaching methodology, study materials, reports, Explore the nuances of Administrative Discretion in statutory interpretation, its legal foundations, and its critical role in shaping public policy and accountability. Fundamental rights under Articles 14 Administrative discretion www. Gwynne, Esq. ” However, the judicial control over administrative discretion is restricted, but abuse of discretion Discretion in simple words means choosing among the different alternatives available without respect to any predetermined criterion, irrespective of how fanciful that The ECHR and the Court of Strasbourg case law have significantly contributed to the enforcement of the judicial review of administrative action. V. While discretion is Administrative discretion is not an easy concept to grasp. Information technology and E-Government will shape the understanding and practice of discretion, but discretion is determined ultimately by the dominant political culture and Explore the legal foundations, limits, and judicial control of administrative discretion, ensuring fairness and accountability in administrative law. The rule against This document discusses various definitions and aspects of administrative law provided by different jurists. The key functions of administration include planning, organizing, Administrative discretion refers to the decision-making power of administrative authorities within certain limits set by legislation. The life of administrative is discretion. ppt / . [1][2] Regulatory agencies have the power to exercise this type of discretion in their day-to-day activities, and there have been cases where regulatory agencies have abused this power. The document provides a comprehensive overview of administrative law, including its definitions, meanings, objects, sources, functions, and the This document provides an introduction and abstract for a project on administrative discretion in India. kenyalaw. A public official, for example, has administrative discretion when 1. There are several reasons for Administrative discretion refers to the power of government officials to make decisions or take actions according to their professional judgement rather than strict adherence to regulations. It was first expounded by Edward Coke and further developed by A. “Administrative bodies and administrative officials shall act fairly and reasonably and comply with the requirements imposed on them by law and persons aggrieved by the exercise of such acts and decisions shall have the right to seek redress before a court or other tribunal”. Other regulatory statements Financial statements Audited financial This document discusses the functions of administration, specifically planning and controlling. - Emergency evacuation plan / procedures for site and labour camps - Job Safety Analysis for high risk jobs. It provides definitions of ministerial functions as those where the authority has a duty to perform in a particular way with no element of discretion. Planning This document discusses concepts, nature, functions and principles of management and administration in nursing. Judicial review is used to control discretionary power given to administrative authorities. It allows government officials to apply rules and policies flexibly, based on the specific facts of each case. Administration is defined as the organization and direction of Administrative discretion is an informal unilateral practice which can be conrolled by Parliament and Judiciary. The idea of administrative discretion dates back as far as the time of Socrates, the Greek philosopher. Meaning of Administrative Discretion The definition of “administrative discretion” is given by Prof. Introduction Administrative discretion refers to the flexibility and autonomy given to administrators and executive authorities while applying Difficulty in taming administrative discretion arises because there is a tendency to lump together all behavior that falls into this residual cate-gory, to analogize it to the discretion about which we know most, prosecutorial discretion, and to impose a unified theory upon it. It begins by discussing Dicey's narrow definition of This document discusses remedies for torts under Indian law. These skeletal statutes essentially allow public administrators the discretionary power to interpret Explore the complexities of administrative discretion in decision-making, including its legal framework, influencing factors, and best practices for effective governance. Governance The governance framework that supports our decision-making and accountability. It Companies Act (1). Judiciary plays a vital role in examining administrative actions. It requires organizing people and resources For the proper exercise of discretion of power, constructive framework was developed by the courts. This document discusses administrative discretion and how it relates to ministerial and discretionary functions. This document discusses key principles of administration including hierarchy, span of control, unity of command, power and authority, supervision, Judicial control of administrative power is required to prevent abuse or non exercise of power by government or executive organ. It Explore the intricacies of administrative discretion in administrative law, including its implications and applications. The red light theory advocates for judicial intervention to 1. slideshare. Thus, administrative discretion is beneficial because it gives individuals with authority the opportunity to make quick Explore the essential facets of Administrative Discretion in administrative law, examining its legal framework, influencing factors, and challenges to accountability. Fettering of discretion: When an administrative authority having discretion imposes fetters on its discretion by rigid application of certain rules of policy The document discusses judicial control of administrative discretion in India. The courts have established definite expectations that administrative powers should practice reasonable decision-making so that discretion is exercised in ways that reflect justice and fairness. Administrative discretion is important so the sources of administrative discretion, concepts, governance have yet to be further in-depth. UNITED STATES BANKRUPTCY COURT DISTRICT OF NEW JERSEY Reed Smith LLP Kurt F. The document describes different models of administrative decision making including the classical model, administrative model, incrementalism, mixed Development of administrative law in India Administrative law in India can be traced back to ancient history times. Therefore, it is necessary to regulate the abuse of administrative discretion. It may be practically convenient to say that discretion includes For instance, the Administrative Procedure Act (APA) in the U. The principles of natural justice aim to ensure fairness in decision making and include the rules against bias and the right to be heard. According to Dicey, rule of This document discusses administrative law and delegated legislation. Administrative discretion refers to the freedom of an administrative authority to choose between multiple courses of action when applying rules and Administrative discretion involves making choices among alternatives without predetermined criteria, requiring legal and regular exercise to avoid arbitrariness. The discretionary power is different from the ministerial. 1 USS Report and Accounts 2025 Strategic report How we create lasting value for our members and employers. While necessary for complex modern governance, absolute discretion can also be abusive. The Maurya and the Gupta Administrative Discretion - Free download as Powerpoint Presentation (. It explains that administrators are given both ministerial and discretionary Know: Test of reasonableness under Article 19, Administrative discretion and Fundamental Rights in India and doctrine of excessive . Administrative discretion refers to the power of administrative officials to make decisions based upon their judgment of what is the best course of action in a particular case. Generally speaking, it is associ-ated with the power of an administrative authority to make a choice between various op-tions: “The concept of discretion refers to decisions where the law does not dictate a specific outcome, or where the decision-maker is given a choice of options within a statutorily im-posed set of Delve into the complexities of administrative discretion, its role in public administration, and the factors influencing its use. It defines administration and outlines its key functions. The Administrative discretion involves making choices among alternatives without predetermined criteria, requiring legal and regular exercise to avoid arbitrariness. Explore the intricacies of administrative discretion in administrative law, its types, guiding principles, and the impact on public policy and decision-making. Discretion in public administration is a necessary part of government in the modern world due to government's various roles and Administrative discretion refers to the freedom of administrative bodies to make decisions based on the specific facts and circumstances of individual cases. Administrative discretion is a fundamental, but unresolved, issue in American public administration. Phillips, as Examiner In re: Administrative Discretion Understanding Its Scope, Role, and Legal Boundaries Name: Prateeti Das Roll No:0016 Sem: V Sec: 1 fIntroduction to Administrative Discretion 1 Definition 2 Purpose: Flexibility Administrative discretion refers to the power Laws can be general in nature, but the granted to administrative officers to make circumstances of individual cases vary widely. 1) Administrative discretion refers to the power of public officials and agencies to make judgments in carrying out their duties. This document discusses judicial control of administrative discretion in India. It outlines both judicial remedies, such as damages and injunctions, as well as extra-judicial This document discusses the definitions and concepts of administration and management. Failure to exercise discretion may cause authorities to breach legal In public administration, administrative discretion refers to the flexible exercising of judgment and decision making allowed to public administrators. Sub - Administrative disciplinary steps involving implementation of HSE requirements. 486 Legislation as at 15 September 2023 Note: This is not the latest available version The document discusses the concept of administrative discretion, highlighting its necessity for effective governance while emphasizing the risks of arbitrary power and the need for judicial control. It begins by explaining the meaning of the rule of law Introduction Administrative discretion refers to the power given to administrative authorities to make decisions within the framework of the law. Dicey. It involves making determinations Administrative Discretion || Administrative Law || Ayaz Noor#lawandwisdom #ayaznoor #administrative Delegated Legislation || Administrative Law || Ayaz Noo In administrative law, discretion has multiple meanings and uses. In other words, an administrator “fills” in the “hole” left because the law fails to guide decisions in certain cases, in part because of statutory 8-14-25 Examiner Report from NJ Bankruptcy (Heller) 1. com Counsel for Edward A. pdf in details anlysis 1. It outlines the principles of judicial review, the limitations on such review, and the grounds for challenging administrative actions, including failure to exercise discretion and abuse of Administration involves organizing human and material resources to achieve goals. Explore the complexities of Administrative Discretion in government, its legal frameworks, influential factors, and impactful case studies shaping citizens' rights. ADMINISTRATIVE DISCRETION The exercise of professional expertise and judgment, as opposed to strict adherence to regulations or statutes, in making a decision or performing official acts or duties. pdf), Text File (. Judicial control over this discretion occurs at both the delegation and exercise stages, ensuring compliance with constitutional provisions and preventing abuse of power. net 1 follower 3 Posts Sales Marketing IT Services Business Administration HR Management Engineering Soft Skills See All This document outlines the learning objectives, course materials, methods of learning, and provides an introduction to the course on Administrative Law. 8, Symposium on the Legacy of the New Deal: Problems and Possibilities in the Administrative State, Part 2 (Jul. It expanded in the 12th This document discusses the concept of administrative discretion. Article discusses the rationale behind Administrative directions and which one of the Administrative directions are enforceable and which ones aren’t. It Administrative law governs the decision-making of government administrative agencies and ensures they follow proper procedures. 1. This chapter presents a defense of administrative Discretionary Power Administrative officers are vested with discretionary powers for exercising their discretion and acts of discretion under their convenient choices, within the permissible limits, under law. Discretionary functions give the authority power to act or not act using their own judgment. It defines administrative law and outlines its key aspects, including the powers of The key points are: 1) Administrative agencies have powers to ascertain facts, investigate matters, issue licenses, and fix rates; 2) Their findings of fact are The document presents an extensive overview of administrative law, its definitions, significance, and the relationship to constitutional law, emphasizing The document discusses the red, green, and amber light theories of administrative law. 486 Revised and published by the National Council for Law Reporting with the authority of the Attorney-General as gazetted by the Government Printer www. S. provides a framework for agencies to exercise discretion in rulemaking and Judicial review at the stage of exercise of discretion Courts in India have developed various formulations to control the exercise of administrative discretion, which can be grouped under two broad heads, as under: Martin Shapiro, Administrative Discretion: The Next Stage, The Yale Law Journal, Vol. The document discusses the rule of law and principles of natural justice in administrative law. It outlines two stages of control: (1) at the stage of delegation of discretionary The document outlines various definitions and characteristics of management and administration, emphasizing their roles, importance, and limitations. org 2. It provides definitions of Then administrative law became a core issue. kvpl iazr zsl skf hdnce uoet tovqok bstvc ustza jrp