Administrative Discretion and the Rule of Law

Abstract

Abstract Empirical study of administrative decision-making shows that the power exercised by public officials is only loosely controlled by statutory law. Political theorists have traditionally viewed this discretion quite negatively, as a violation either of the rule of law or the principle of democratic legitimacy. This chapter presents a defense of administrative discretion, on the grounds that it is not just inevitable; it makes an important contribution to the quality of public administration. Both legislative and judicial strategies to reduce administrative discretion have failed or had perverse consequences. The best approach to reducing the potential for abuse of power has been through the development of a “rule of law” culture within the executive branch.