Discretionary Power

The following article is from The Great Soviet Encyclopedia (1979). It might be outdated or ideologically biased.

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.

The Great Soviet Encyclopedia, 3rd Edition (1970-1979). © 2010 The Gale Group, Inc. All rights reserved.
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. We have a very strong branch over on this side, but I would very much rather induce you to stay here without applying to them."
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. I may say, however, that that poor gentleman presents at once the most complex and most troublesome case, which is responsibility enough without certain features which make it all but insupportable.
The federal minister said that he has always maintained the stance that the premier has discretionary power for [making changes into] federal cabinet.
It is said that the prime minister accepted the proposal when he was told that his discretionary power to appoint or remove any officer as secretary in any ministry or division will be done away with.
The opposition's efforts to convince the treasury that the speaker wielded the mentioned discretionary power bore no fruit.
The new regulations take away the discretionary power of the governor to issue licences.
I think the discretionary power of the referees is just too broad, he explained.
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."
-tries should be criminalised as "wrong" but The PM |from No.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."