administrative discretion

Syllable breakdown

Dictionary meaning

the authority delegated to public officials and administrative agencies to make judgements, choices, and decisions within the framework of law and policy, recognising that rules cannot anticipate every situation and that effective governance requires human judgement at the point of implementation; administrative discretion is inherent in all government activity — statutes and regulations necessarily use broad language and general principles that must be applied to specific circumstances by officials who have the knowledge, context, and judgment to make appropriate case-by-case decisions; the exercise of discretion is constrained by legal requirements of procedural fairness, constitutional rights, and the duty to act consistently and without bias; debates about administrative discretion concern the appropriate balance between rule-bound consistency — treating like cases alike — and contextual responsiveness — achieving just outcomes in individual cases that statutory rules may not have anticipated

Examples

• The inspector used administrative discretion to waive the deadline for a small business that had filed late due to documented illness.
• Challenges to administrative discretion through judicial review ensure that officials act within their legal authority and for proper purposes.