Define: Discretionary

Discretionary refers to the power or authority given to a person or entity to make decisions based on their own judgment or discretion, rather than following strict rules or guidelines.

Yes, discretionary decisions can be challenged in court if it can be proven that the decision-maker acted unreasonably, unfairly, or outside the scope of their authority.

When making discretionary decisions, factors such as relevant laws, regulations, policies, precedents, and the specific circumstances of the case are taken into account.

No, discretionary decisions are not always final. They can be subject to review or appeal, depending on the applicable laws and procedures.

Ideally, discretionary decisions should be made impartially and without personal biases. However, it is possible for personal biases to influence such decisions, which can be grounds for challenging them.

Yes, discretionary powers are not unlimited. They must be exercised within the boundaries set by law, and decision-makers must act reasonably and in good faith.

Yes, discretionary powers can be delegated to others, but the decision-maker remains responsible for ensuring that the delegated authority is exercised properly.

To challenge a discretionary decision, one typically needs to follow the prescribed legal procedures, such as filing an appeal or initiating a judicial review, and provide evidence to support the claim of unreasonableness or unfairness.

Discretionary decisions are more common in certain areas of law, such as administrative law, family law, and sentencing in criminal law. However, they can arise in various legal contexts.

Yes, a higher authority, such as an appellate court or an administrative tribunal, can overturn a discretionary decision if it finds that the decision-maker erred in law or acted unreasonably.