SAVREMENE TENDENCIJE RAZVOJA SUDSKE KONTROLE DISKRECIONIH AKATA UPRAVE
CONTEMPORARY TRENDS IN THE DEVELOPMENT OF JUDICIAL REVIEW OF ADMINISTRATIVE DISCRETIONARY ACTS

Summary/Abstract: Judicial review of administrative acts represents the final element in the structure known as the rule of law. After introductory remarks, the second part of the paper addresses the fundamental theoretical and legal principles of judicial review of discretionary acts. The third part is dedicated to the analysis of judicial control of legality and expediency of discretionary acts in comparative law, while the fourth part analyzes the situation in the Republic of Serbia. The author concludes that modern caselaw is evolving toward broader review of discretionary acts—in order to fulfill its role within the system of government, the judiciary, through the application of various methods of interpreting legal standards and fundamental legal principles, determines the boundaries of legality and merits. Broader judicial control of the legality of discretionary acts in a modern rule-of-law state does not disrupt the principle of separation of powers, but rather ensures a more accountable administration and, at the same time, a higher level of legal protection of subjective rights and legal certainty.

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