Chapter

Senses of Discretion

D. J. Galligan

in Discretionary Powers

Published in print May 1990 | ISBN: 9780198256526
Published online March 2012 | e-ISBN: 9780191681653 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198256526.003.0001

Series: Clarendon Paperbacks

Senses of Discretion

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This chapter first sets out the book's main theme, namely that discretionary power is neither merely peripheral to the exercise of official authority, nor an undesirable deviation from an ideal government through rules. It argues that discretionary powers are important in any system of authority, that there are good reasons for having discretion, and that discretionary powers are neither necessarily nor typically in some way arbitrary and beyond the law. The chapter then discusses rationality, purposiveness, and morality; the idea of discretion and two principal variables, Dworkin on discretion, a central sense of discretionary power, judicial discretion, and unauthorized or assumed discretion.

Keywords: discretionary powers; authority; discretion; Dworkin; judicial discretion

Chapter.  24236 words. 

Subjects: Human Rights and Immigration

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