Discretionary Power


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Discretionary Power

 

the authority granted by the law to a head of state or government or other high official to act on his own discretion under certain conditions, for instance, in an emergency situation. Widely practiced in bourgeois states, the granting of discretionary power to state and administrative agencies, individual officials, and judges is an expression of the crisis of bourgeois legality. For instance, in 1968 the Federal Republic of Germany adopted the so-called emergency laws granting wide discretionary powers to the government.

References in classic literature ?
In matters of high importance, particularly in cases relating to the game, the justice was not always attentive to these admonitions of his clerk; for, indeed, in executing the laws under that head, many justices of peace suppose they have a large discretionary power, by virtue of which, under the notion of searching for and taking away engines for the destruction of the game, they often commit trespasses, and sometimes felony, at their pleasure.
By virtue of my discretionary power, I hold you at the court's disposition.
Joseph Rouletabille," said Maitre Henri Robert, "has not been regularly subpoenaed as a witness, but I hope, Monsieur President, you will examine him in virtue of your discretionary powers.
Well," she said, "I have large discretionary powers.
As for what is the matter with him, my good fellow, it is no use my giving you an answer which would be double Dutch to you; moreover, I have still to test your discretionary powers.
The court also ruled that Parliament has discretionary power to decide on whether doctors can work in another institution after 5 p.
Mr Cameron added: "We are clear in principle that what we need is a targeted discretionary power to allow us to exclude British nationals from the UK and we'll work proposals on this basis with our agencies in line with our international obligations and discuss the details on a cross-party basis.
10 Commons Mr Cameron added: "We are clear in principle that what we need is a targeted discretionary power to allow us to exclude British nationals from the UK and we'll work proposals on this basis with our agencies in line with our international obligations and discuss the details on a cross-party basis.
There have been some attempts by governments to put procedures in place, making the approval of the medical council a requirement for releasing funds, but the health minister may still have the discretionary power to issue a different decision.
The amendments introduced to law NA 32 of the year 2013 and providing for the creation of the electoral body vests the committee with a discretionary power.
Washington's discretionary power in foreign and security policy will increase substantially as a result of the country's new energy riches .
It is one in which one person (the fiduciary) wields discretionary power over the practical interests of another (the beneficiary).