What is judicial control of administrative discretion?

What is judicial control of administrative discretion?

Judicial control of administrative power is required to prevent abuse or non exercise of power by government or executive organ. ... [5] There are various grounds on which the judiciary will have to intervene in the exercise of discretionary power for judicial control administrative discretion.

What are the controls of administrative actions?

The courts through writs of habeas corpus, mandamus, certiorari, prohibition and quo warranto control the administrative actions. The important source of Administrative law is the statutes, statutory instruments, precedents and the customs.

What is the need of administrative discretion?

ADMINISTRATIVE DISCRETION- CONCEPT According to COKE-Discretion is a science of understanding to discern between falsity and truth, between right and wrong, and not to do according to will not private affection. This power should be exercised independently by the authorities concerned according to their own assessment.

What is administrative discretionary power?

In most administrative actions, the administrative authority has the power either to act or not to act in one way or the other. This power to act or not to act in one way or other is called Discretionary power. 'Discretion' is the power to decide or act according to one's judgment.

What is an example of administrative discretion?

In public administration, administrative discretion refers to the flexible exercising of judgment and decision making allowed to public administrators. ... For example, a public official has administrative discretion when he or she has the freedom to make a choice among potential courses of action.

What do you understand by administrative discretion?

Phillip Cooper defines administrative discretion as the “power of an administrator to make signif- icant decisions that have the force of law, directly or indirectly, and that are not specifically man- dated by the Constitution, statutes, or other sources of black letter law” (Cooper 2000, p. 300).

What are the grounds for challenging of an administrative action?

Grounds of this writ are (a) excess or failure to exercise the jurisdiction (b) violation of the principles of natural justice (c) authority has failed to correct an error which has been apparent on the face of the record.

Who can challenge administrative action?

1. Who can challenge administrative action? Administrative actions are amenable to judicial review. This means that if administrative actions are against principles of natural justice or in violation of citizen's rights then the Courts can strike down such actions.

What is administrative discretion give an example?

In public administration, administrative discretion refers to the flexible exercising of judgment and decision making allowed to public administrators. ... For example, a public official has administrative discretion when he or she has the freedom to make a choice among potential courses of action.

How to think about the control of discretion?

Introduction to the Nature of Discretion: This part of the course is all about the control of discretion. The first thing that we must do is to think about the nature of administrative decision making in the administrative state.

How is judicial control of administrative discretion exercised?

The courts can control it at two stages. The courts exercise control over delegation of discretionary powers to the administration by adjudicating upon the constitutionality of the law under which such powers are delegated with reference to the fundamental rights.

What does it mean to have administrative discretion?

Administrative discretion thus means the authority vested in the Executive, the public officials who administer the government, to perform certain functions, make certain decisions at their own judgment, and exercise certain powers. [1]

When does a decision maker have the power of discretion?

Discretion exists when the decision maker has the power to make a choice about whether to act or not act, to approve or not approve, or to approve with conditions. The role of the decision maker is to make a judgement taking into account all relevant information. .