ADMINISTRATIVE DISCRETION
The exercise of professional expertise and judgment,
as opposed to strict adherence to regulations
or statutes, in making a decision or performing
official acts or duties.
A discretionary action is informal and,
therefore, unprotected by the safeguards inherent
in formal procedure. A public official, for
example, has administrative discretion when he
or she has the freedom to make a choice among
potential courses of action. ABUSE OF DISCRETION
is the failure to exercise reasonable judgment
or discretion. It might provide a CAUSE OF
ACTION for an unconstitutional invasion of rights protected by the DUE PROCESS CLAUSE of
the Constitution.
