Discretionary Power

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.
Talking about the discretionary powers of the apex court under Article 184(3) of the Constitution, Mr Sharif said that the 'long hands of this discretionary power have reached legislature after overpowering the executive.
Sindh Inspector General of Police (IGP) AD Khawaja said that the government has the discretionary power of the posting of police chiefs.
This removes the potential for local authorities using their discretionary power," he said.
The new regulations take away the discretionary power of the governor to issue licences.
Education and health will get 20% and 10% respectively in the district government system and agriculture, women development, youth/sports would get 15% and there will be 50% discretionary power that would be used by the district government in any given district.
I think the discretionary power of the referees is just too broad, he explained.
The court also ruled that Parliament has discretionary power to decide on whether doctors can work in another institution after 5 p.