Discretion and Administrative Law

Factors that have contributed to increased discretion are legislative delegations of authority to administrative entities, professional expertise of administrators, and political support from organized groups. The central question pertaining to administrative discretion is how to balance administrative imperatives, such as expertise, flexibility, and efficiency, and judicial imperatives, such as due process, equal protection, and substantive justice.

Many conflicts manifested in administrative law have revolved around concerns that administrative arbitrariness might result from the flexibility enjoyed by administrators acting in pursuit of efficiency. Consistent with this line of reasoning, those mindful of the judicial imperatives look to responsible administrators, executive and legislative oversight of bureaucracy, and judicial remedies. These are the safeguards of the life, liberty, and property of individuals affected by administrative actions.