On the Discretionality of Public Administration in the Process of Law Application Cover Image

O dyskrecjonalności administracji publicznej w procesach stosowania prawa
On the Discretionality of Public Administration in the Process of Law Application

Author(s): Wojciech Dziedziak
Subject(s): Law, Constitution, Jurisprudence, Public Administration
Published by: Wydawnictwo Naukowe Uniwersytetu Marii Curie-Sklodowskiej
Keywords: discretionality; discretion of decision; public administration; the man – the real good; fair good;

Summary/Abstract: The article discusses the issue of discretionality (discretion of decision) of the public administration in the processes of law application. The discussion is an attempt to direct this discretionality by pointing to the good. The real good, “good in itself” is the man, the objective and absolute purpose. The purpose of the law, the objective of action is the man and his good correlated with the common good. Therefore, all manifestations of discretionality of public administration in the processes of law application (administrative discretion) ought to be directed at this good – the good proper and fair. It directs, but also limits discretionality of administrative actions.

  • Issue Year: 26/2017
  • Issue No: 3
  • Page Range: 25-45
  • Page Count: 21
  • Language: Polish