
In modern legal systems, power is conferred upon government officials and agencies to be exercised in their discretion according to policy considerations, rather than according to precise legal standards. This legal and jurisprudential analysis of discretionary power emphasizes the consequences of discretion in the relationship between the individual and the state.
This work investigates the fundamental tension between the exercise of discretionary power by government officials and the requirement for legal accountability within modern administrative systems. D. J. Galligan, a scholar of legal theory, examines how the shift from precise legal standards to policy-based discretion alters the power dynamic between the state and the individual. The text provides a comprehensive framework for understanding how discretion functions as both a necessary tool for governance and a potential source of arbitrary authority. By analyzing the structural implications of these powers, the author argues for a more rigorous approach to controlling official conduct.
What You Will Find
Legal scholars and practitioners frequently cite this text as a foundational study on the mechanics of administrative law and the limits of official power. The prose is noted for its academic rigor and its ability to synthesize complex jurisprudential concepts into a coherent analysis of modern governance.
Page Count:
432
Publication Date:
1990-07-26
Publisher:
Clarendon Press
ISBN-10:
0198256523
ISBN-13:
9780198256526
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