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Neo-constitutional theory of administrative discretion
Revista Eurolatinoamericana de Derecho AdministrativoThis study has as its object the administrative discretion in the light of the premises of neo-constitutionalism. It distinguishes the legalist theory, in which the source of discretion is the legislation, from the neo-constitutionalist theory, in which ...
Ricardo Marcondes Martins
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Genealogy of Administrative Discretion
Сибирское юридическое обозрение, 2023 The article analyzes the interaction between administrative discretion and the main social regulators – religion, ethics and law. It is shown that historically discretion arises as a religious institution, consisting in the trust of public authorities ...
D. I. Zaitsev
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Axiology of Administrative Discretion (gyōsei sairyō) as Well as Administrative Guidance (gyōsei shidō) in Japan from the Perspective of Judicial Control [PDF]
Studia Iuridica Lublinensia, 2020 In Japan, the Court often examines the technical aspects of administrative discretion if there was a proper decision-making process. Such control could rely too much upon each judges’ viewpoint, which elements in the whole process of administrative ...
Hiroshi Kaneko
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Continuing the Discussion on Administrative Discretion
Сибирское юридическое обозрение, 2023 The article continues the discussion on the topical issue of administrative discretion for Russian administrative-legal theory and legal practice, organized by the editors of the journal “Siberian Law Review” on the pages of two previous issues of the ...
S. A. Starostin
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Judicial Review of Administrative Discretion in the Administrative State [PDF]
, 2019 This book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciary’s role in reviewing administrative discretion in the administrative state; a role that can no longer solely be understood from the traditional doctrine of the Trias Politica.
Jurgen de Poorter +2 more
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Administrative Discretion, Administrative Rule-Making and Judicial Review [PDF]
SSRN Electronic Journal, 2017 The starting point for legal analysis of UK administrative rule-making remains the presumption that discretion must be retained, as expressed in the no-fettering rule. Nevertheless, judicial attitudes have changed substantially since the landmark case of British Oxygen Co Ltd v Minister of Technology. Whereas the no-fettering rule historically deprived
Aileen McHarg
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Administrative Discretion: Questions and Answers (Part 3)
Сибирское юридическое обозрение, 2023 This article completes a series of three scientific publications planned by the Editorial Board of the Siberian Law Review, the Authors of which discuss the problem of administrative discretion, which is very relevant for Russian administrative legal ...
Yu. P. Solovey, P. P. Serkov
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Social Sciences and Humanities Open, 2023 Increased administrative discretion for human resource and financial management is commonly seen as a key component of efficient service delivery.
Ambrose Theobald Kessy
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An Analysis on the Control of Administrative Discretion
Learning & Education, 2021 Administrative discretion means that administrative agencies can exercise their rights based on their own judgment and actual conditions when dealing with matters that are not authorized by the law or have not made detailed provisions.The existence of administrative discretion is not only the result of the expansion of administrative power,but also ...
Xiaojian Feng
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Сибирское юридическое обозрениеThe overview presents the main provisions of the reports delivered at the All-Russian Researchto-Practice Conference “Judicial Review of Administrative Discretion: Theory, Legislation, Law Enforcement Practice”, held on 30 May 2025 at the private ...
Yu. P. Solovey
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