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How is administrative discretion limited?

Added: 27 October 2026

Administrative discretion is the lawful choice left to a public authority among several permissible options in pursuit of the public interest.

Legal framework and core conditions

Discretion is not arbitrariness. It must remain within statutory purpose, equality, proportionality, legal certainty and the public interest; irrelevant motives, discriminatory criteria or manifest assessment errors may be unlawful. Under a mandatory power, the authority must reach the prescribed result once legal conditions exist. Public-law analysis considers authority, form, grounds, subject matter and purpose together rather than relying on the label of an act. Constitutional principles, the relevant statute and subordinate rules are compared within the same file. Effective dates, transitional provisions and the wording in force when the act occurred are particularly important. The consolidated current text should therefore be distinguished from the original publication and checked in an official source.

Application, review and outcome

Judicial review does not replace the authority's policy choice but examines legality. The information relied on, assessment criteria, treatment of comparable cases and reasons therefore matter. Even where technical judgment is involved, serious interference with rights may require fuller reasons and closer proportionality review. Before applying, identify the competent body, deadline, any mandatory preliminary step and the precise remedy sought. Keep petitions, proof of service, the administrative file and supporting records in chronological order. A general explanation of a rule is not a definitive outcome or personal legal opinion; dates and the parties' status may change the analysis. Where rights may be lost, current legislation and official guidance should be checked and professional advice considered.

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Revision history

27 October 2026 — Article added.