Chapter

The Exercise of Discretionary Powers I

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/9780198256526.003.0003

Series: Clarendon Paperbacks

The Exercise of Discretionary Powers I

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The strategies of legal regulation of discretionary authority may be divided into two broad categories: one is concerned with participatory procedures to ensure the representation of groups and interests; the other concentrates on developing a framework of legal principles which shape and influence discretionary decisions. But before going on to consider the basis and principles of legal regulation, this chapter begins by examining more closely the anatomy of discretionary decisions and the way decisions are made, identifying some of the primary influences and constraints affecting the decision process, and suggesting different types of decisions that can occur within discretion. This leads into a brief survey of administrative theory and its implications for legal regulation. The final task in this chapter is to consider the place within discretionary contexts of a number of critical concepts, in particular rationality, arbitrariness, fairness, and guidance.

Keywords: discretionary decisions; discretionary authority; legal regulation; administrative theory; rationality; arbitrariness; fairness; guidance

Chapter.  23794 words.  Illustrated.

Subjects: Human Rights and Immigration

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