AMBIENTUM BIOETHICA BIOLOGIA CHEMIA DIGITALIA DRAMATICA EDUCATIO ARTIS GYMNAST. ENGINEERING EPHEMERIDES EUROPAEA GEOGRAPHIA GEOLOGIA HISTORIA HISTORIA ARTIUM INFORMATICA IURISPRUDENTIA MATHEMATICA MUSICA NEGOTIA OECONOMICA PHILOLOGIA PHILOSOPHIA PHYSICA POLITICA PSYCHOLOGIA-PAEDAGOGIA SOCIOLOGIA THEOLOGIA CATHOLICA THEOLOGIA CATHOLICA LATIN THEOLOGIA GR.-CATH. VARAD THEOLOGIA ORTHODOXA THEOLOGIA REF. TRANSYLVAN
The STUDIA UNIVERSITATIS BABEŞ-BOLYAI issue article summary
The summary of the selected article appears at the bottom of the page. In order to get back to the contents of the issue this article belongs to you have to access the link from the title. In order to see all the articles of the archive which have as author/co-author one of the authors mentioned below, you have to access the link from the author's name.
Authors: ANGHEL-MARIAN POP.
DOI: 10.24193/SUBBiur.67(2022).2.1
Article history: Available online November 30, 2022; Available print December 30, 2022.
©2022 Studia UBB Iurisprudentia. Published by Babeş-Bolyai University.
pp. 9-43
VIEW PDF
FULL PDF
Abstract: Observations on the administration’s discretionary power from a proportionality standpoint. With the evolution of modern state, its functions have multiplied, reaching to regulate most aspects of the daily life of citizens. As a result, the legislature has given public authorities more and more discretionary powers to ensure the functioning of the state apparatus, powers which, if left unattended, could have more disadvantages than benefits. To this end, courts in countries where the rule of law has been strengthened have developed judicial review instruments such as the principle of proportionality in order to reduce the intensity of the discretionary power of the authorities. This study aims to highlight the link between discretion and the principle of proportionality in the current domestic legal context, as we try to explain the main reasons why discretion has become so important in the administration’s activity, what exactly does it entail, and the ways in which the administrative bodies exercise it.
Keywords: discretionary power; excess of power; judicial review; principle of proportionality.
