Discretionary Power
/dɪˈskrɛʃəˌnɛri ˈpaʊər/
Definitions
- (n.) Authority granted to a legal official or body to make decisions based on personal judgment within certain limits.
The judge exercised discretionary power in granting the extension.
- (n.) The legal capacity to decide among alternative actions when no specific rules prescribe the outcome.
Discretionary power enables administrators to adapt rules to individual cases.
Related terms
See also
Commentary
Discretionary power implies a margin of judgment and is distinguished from actions mandated by law. Drafting clarity is important to delineate the scope of such power.
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.