What is discretionary authority?

Discretionary authority is the legal authority granted to an individual or agency to make decisions on their own judgement and interpretation, without following strictly defined rules or procedures. It allows decision makers to interpret and apply laws, regulations or policies in their own discretion, considering the specific circumstances and factors of each case.

Examples of discretionary authority include judges, who have the discretion to interpret and apply laws to specific cases, regulatory agencies, which have the discretion to enforce or waive regulations based on the circumstances of a violation, and managers, who have the discretion to make decisions on behalf of their organization.

While discretionary authority allows individuals to make flexible and context-specific decisions, it can also lead to inconsistency and potential abuse of power. Therefore, discretionary authority is often subject to oversight and review through administrative procedures, appeal processes, and judicial review.