On The Administrative Discretion

Since the 20th century, with the expanding of administrative power, administrative discretion has become a very important component of administrative power and a significant sign of the development of contemporary administrative law. Extending administrative discretion is an inevitable tendency in legal administration. Enhancing judicial control over administrative discretion is necessary for legal administration. Modern administrative law is just developing in this process of continually extending administrative discretion and continually enhancing the control over the administrative discretion. This essay will make a brief introduction of administrative discretion, discuss the social foundation of its existence and its historical development, and analyze the advantages and disadvantages of the existing administrative jurisprudence theory and the control methods. This essay will figure that the traditional mode of administrative law has shown a great inelasticity. Also, according to the analysis of American administrative law, this essay will indicate a new direction of administrative discretion development, that is, single administrative jurisprudence theory will not exist any more while compositive administrative jurisprudence theory, which is connected by benefit, will certainly become the real power of controlling over administrative discretion.