administrative discretion

The power to choose between courses of conduct in the administration of an office or a duty pertaining thereto. From their nature, the functions, powers, and duties of administrative agencies are classified as ministerial or discretionary, that is, according to the degree of subjective choice involved in their exercise, as discretionary, judgment-passing, fact- finding, or ministerial, the four classes representing degrees of progression from a theoretically absolute subjective choice in a matter of discretion to a theoretical absence of choice in a ministerial matter. 1 Am J2d Adm L § 83.

Ballentine's law dictionary. . 1998.

Look at other dictionaries:

  • administrative discretion — The exercise of professional expertise and judgment, as opposed to strict adherence to regulations or statutes, in making a decision or performing official acts or duties. Dictionary from West s Encyclopedia of American Law. 2005. administrative… …   Law dictionary

  • administrative discretion — Term means that the doing of acts or things required to be done may rest, in part at least, upon considerations not entirely susceptible of proof or disproof and at times which considering the circumstances and subject matter cannot be supplied… …   Black's law dictionary

  • administrative discretion — consideration made by a managing authority, decision by an authority …   English contemporary dictionary

  • discretion — dis·cre·tion /dis kre shən/ n: power of free decision or latitude of choice within certain bounds imposed by law reached the age of discretion struck down death penalty provisions administered through unbridled jury discretion L. H. Tribe: as a:… …   Law dictionary

  • administrative — ad·min·i·stra·tive /əd mi nə ˌstrā tiv/ adj 1: of or relating to the performance of a function: ministerial administrative communications include...instructions that encourage a jury to continue its deliberations National Law Journal 2: of …   Law dictionary

  • administrative law — the body of rules and principles that governs the duties and operations of federal or state administrative agencies, as commissions and boards. [1890 95] * * * Law regulating the powers, procedures, and acts of public administration. It applies… …   Universalium

  • administrative capacity — See administrative act; administrative discretion; administrative employee …   Ballentine's law dictionary

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  • Administrative divisions of the People's Republic of China — See also: Administrative divisions of the Republic of China This article is part of the series: Administrative divisions of the People s Republic of China Provincial level …   Wikipedia

  • discretion of administrative agency — A power or right, conferred upon an agency by law, of acting officially in certain circumstances according to the dictates of their own judgment and conscience as to what is just and proper under the circumstances, uncontrolled by the judgment or …   Ballentine's law dictionary

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