Elements of the administrative discretion at different stages of application of the law Cover Image

Elementy dyskrecjonalności organu administracyjnego na poszczególnych etapach stosowania prawa
Elements of the administrative discretion at different stages of application of the law

Author(s): Maria Jędrzejczak
Subject(s): Law, Constitution, Jurisprudence
Published by: Wielkopolska Rada Młodzieży
Keywords: stages of the application of the law; administrative discretion; administrative body

Summary/Abstract: Subject of interest in this article is administrative discretion understood as freedom of action which has administrative body. This freedom is an action within the legal. The discretionary authority manifests itself in almost all stages of the application of the law. Elements of discretion differ primarily within the scope of freedom. Without a doubt, the element with the broadest freedom is in the final stage of the application of the law - setting the stage for the legal consequences. The discretionary authority granted to the administrative bodies is to make more flexible regulations. This eliminates the gaps that occur between law and life, and thus allows for more complete protection of individual rights. The elements of discretion undoubtedly can become instruments of administrative policy which can be abused. It should be noted that the correctness of their use depends on the entities that apply the law. Each institution may become distorted if the people who use it will use it for improper purposes.

  • Issue Year: 2013
  • Issue No: 2
  • Page Range: 4-18
  • Page Count: 15
  • Language: Polish