Discretionary Powers in Admin Law

Police officers are faced each day with a vast array of situations with which they must deal. No two situations they encounter are ever the same, even when examines a large number of situations over an extended period of time. The officers are usually in the position of having to make decisions on how to handle a specific matter alone, or with little additional advice and without immediate supervision. This is the heart of police discretion. As we shall find, the exercise of discretion by police has benefits and problems associated with such exercise. The unfettered use of discretion can

There are certain principles in the constitution that the US Supreme court should rely on when it comes to defining the limits of state and federal authority. To define these limits concepts such as implied powers, checks and balances, separation of powers and limited government will be discussed along with the benefit that comes with their implementation in our government. As these concepts are defined along with their implementation into the government I hope to give the reader a firm understanding of these concepts individual importance within the constitution and society.

Before we can delve into the relationship between certainty and flexibility in judicial precedent, each element must be explored individually. Unlike legislation and statue which most times speak to hypothetical situations, judicial precedent is a response to real situation and as such there is a foundation of pragmatism which holds the principle together. As it relates to certainty, the law is established in such a way that it is possible to predict what a decision will be and plan accordingly. There is a sense of security in this element of judicial precedence because once a legal rule has been established it is binding and cannot changed by a later or lower court, individuals can therefore adjust their behavior with regard to the legal rule.

In the Board of County Commissioners of Brevard County v. Snyder case, the Court stated “a judicial or quasi-judicial act determines the rules of law applicable, and the rights affected by them, in relation to past transactions. On the other hand, a quasi-legislative or administrative order prescribes what the rule or requirement of administratively determined duty shall be with respect to transactions to be executed in the future, in

In this paper, I will be writing about Police Discretion. I will start by defining Police Discretion then briefly discuss the use in domestic disturbances, minor misdemeanors, and traffic enforcement. I will also discuss the application of police discretion, the provisions it uses and how it is currently practiced. At the end of these brief descriptions, I will then present the myth that exists in regards to police discretion. And finally, I will end this paper with my personal opinion as well as a brief conclusion.

Administrative discretion- the authority of administrative actors to select among various response to a given problem. Discretion is greatest when routines, or standard operating procedures, do not fit a case.

Moreover, we are cognizant that the questions as to whether the dismissal of an inappropriate declaratory action is an appropriate use of discretion, and whether the failure to dismiss an inappropriate declaratory action is an abuse of discretion, are completely different inquiries. Holding that the failure to dismiss an inappropriate declaratory action is an abuse of discretion, however, is not without precedent. See, e.g., Waicker, supra, 347 Md. 108; Tpk. Farm v. Curran, 316 Md. 47 (1989) (reversing, in per curiam decision, declaration made by Circuit Court of Frederick County because similar action involving same issues was pending in the same court).

Police discretion is a very important approach in matters concerning criminal justice. There has been a consistent problem between enforcing the law and the spirit of the law. Discretion in the broader sense can be defined as the individual’s ability to make a decision basing on the principle of courses of the action. During training, police officers are given different possible scenarios that they may experience while on duty. However, the situations presented are not exact and the police come face to face with more riveting situations that demand their personal choices. The

The misuse of discretion is whether the trial judge's decision was unreasonable or unfair by a legal basis. Because the court let his wife testify in violation of the spousal testimonial privilege, the court abused

outweighs its prejudicial effect. People v. Albarran (2007) 149 Cal.App.4th 214, 223. We will not disturb a trial court’s exercise of discretion under Section 352 unless it exceeds the bounds of reason. People v. Funes (1994) 23 Cal.App.4th 1506, 1519.

“The impossibility of deciding without an initial policy determination of a kind clearly for non-judicial discretion;”

Police discretion is a highly debated topic among many different groups, not only in the United States but internationally. It is imperative to understand police discretion, and the various control mechanisms available such as internal control mechanisms, external control mechanisms, control by the citizens, legislative control, and control by the courts. Each control mechanism plays a vital role in how officers of the law handle various situations. Not only do these mechanisms control police discretion they also provide a form of checks and balances to make sure the officers are policing humanly and not violating constitutional rights. While some controls within each mechanism may be repetitive they each have significant influences over the use of police discretion and the validity of an officers belief that they made the best judgment call.

In this essay I will be explaining how the doctrine of the separation of powers has been compromised to a less extent in the nation like Australia. The first section will constitute in exploring the history and the significance of the separation of the power doctrine. In the second section I will discuss about the compromise of the doctrine, especially between the administrator and the legislature with some good cases held in high court. Besides, some clarification will be provided to explain how the philosophical system of separation of power is being compromised. This estimate will be supported by the depth psychology of several examples and articles where the doctrine has been compromised concluding that the total separation of the power is merely a myth but as well in spite of that the doctrine protects the individual rights.

Administrative Law (dealing with regulations) ‘is essentially judge made law’ and its outcomes are neither predictable nor its case law concise. Therefore while public law offers substantial protections against ‘arbitrary power’ of government it is not easily accessible to all. The courts have no power to strike down legislation (parliamentary law is supreme ) yet their power to strike down regulations is still only limited to acts ultra vires. The judiciary is an effective check on executive power (See Fitzgerald v Muldoon 1976) but its checks on the Legislature are lacking; ‘notorious’ parliamentary privilege show that the courts wish ‘not to adjudicate matters determined within the walls of the

In conclusion, administrative discretion has its good points and bad. I do not think that all government power should have the discretion. As the people of the United States, we should take a moral and value poll towards the administrators within our government, or like a genuine lie detector