Legal Drafting Tools to Prevent Arbitrariness in Discretion

Discretion comes with the possibility to choose between different legitimate solutions, involving a significant amount of power for administrative authorities. The paper discusses discretionary powers, identifying situations in which it is acceptable to grant such powers and the existing legislative drafting tools to impede discretion to turn into arbitrariness. The paper addresses three issues. First,...

Panel 109, TUESDAY JUNE 26 2018 4:30 PM - 6:00 PM