This paper is aimed at presenting the status of legislative drafting rules, standards and guidelines in Portuguese speaking countries and regions where more than 250 million people reside. Those standards are set forth in a collection of laws and guidelines which vary in its form, its legal value (hard or soft law) and scope from...
Tag: <span>João Tiago Silveira</span>
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,...