Control Of Decisions Based On Administrative Discretion

Adam Szot

It appears that administrative discretion is an institution necessary to enable prop¬er administration of specific areas of reality by different administrative bodies. It gives the general possibility of making the most appropriate decision in the specific condi¬tions of the case, taking into consideration different criteria. It is an element of dis¬cretion power of administration which facilitates the conformity of decision making process with the actual, specific case. At the same time we can consider the problem of compliance of the construction of administrative discretion with the concept of rule of law. According to the latter, all actions of a public administration authority have to be based on particular legal provi¬sions. Those actions have to be undertaken within law and in order to enact those legal provisions. However it appears that administrative discretion understood as the pos¬sibility to choose legal effects of the actual state is not only compatible with the concept of rule of law but also necessary in contemporary, dynamically changing reality. That is why also mechanisms of controlling administrative acts based on administrative dis¬cretion are so important and indispensible an issue.