Define: Discretionary Order

A discretionary order is a decision or directive issued by a court, administrative agency, or other authority that allows the decision-maker a degree of flexibility or discretion in its implementation. Unlike mandatory orders, which require specific actions or outcomes, discretionary orders give the decision-maker the authority to exercise judgement and consider various factors before reaching a decision. This discretion allows decision-makers to tailor their orders to the unique circumstances of each case and to balance competing interests or objectives. Discretionary orders are commonly issued in areas such as sentencing, administrative law, and equitable remedies, where individual circumstances and considerations may warrant flexibility in the application of the law. However, the exercise of discretion must be within the bounds of legal authority and guided by relevant legal principles and standards.

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This glossary post was last updated: 29th March, 2024.