Agency Discretion
/ˈeɪdʒənsi dɪsˈkrɛʃən/
Definitions
- (n.) The authority granted to a governmental agency to make decisions and judgments within its legally defined powers.
The agency discretion allowed the regulator to set compliance timelines appropriate to industry conditions.
- (n.) The latitude agencies have to choose among different policy options when implementing statutes, absent clear legislative direction or judicial constraints.
Judicial review often scrutinizes whether agency discretion has been exercised within permissible bounds.
Forms
- agency discretion
Related terms
See also
Commentary
Agency discretion reflects a balance between administrative flexibility and legal accountability; drafting should clarify the scope of granted discretion to avoid ambiguity.
This glossary is for general informational and educational purposes only. Definitions are jurisdiction-agnostic but reflect terminology and concepts primarily drawn from English and American legal traditions. Nothing herein constitutes legal advice or creates a lawyer-client relationship. Users should consult qualified counsel for advice on specific matters or jurisdictions.