The Discretion of Public Administration, Implications for the Principle of Legality and the Prevention of Arbitrary Actions

Abstract

The topic of discretion in public administration addresses the problem of how decisions made by officials can influence respect for the principle of legality and prevent arbitrary actions. The central problem is limited to identifying the limits of administrative discretion and how it can negatively impact the fair and equitable application of the law, giving rise to potential arbitrariness. The methodology proposed to address this topic includes a doctrinal and jurisprudential analysis of the concept of discretion, as well as a study of relevant cases where the legitimacy of administrative decisions is questioned. The overall objective is to evaluate the relationship between administrative discretion and the principle of legality, determining how a balance can be achieved that prevents abuse of power and guarantees an efficient and fair public administration. The expected outcomes include the identification of clear criteria that allow for delimiting administrative discretion, proposed regulatory reforms to strengthen judicial oversight of discretionary decisions, and recommendations to ensure that administrative decisions are consistent with the principles of equity and legality. This will contribute to improving transparency and accountability in public administration, thereby reducing the possibility of arbitrary actions and protecting citizens' rights.