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〔Cann, Steven. "The Administrative State, The Exercise Of Discretion, And The Constitution." Public Administration Review 67.4 (2007): 780-782. Business Source Complete. Web. 26 Sept. 2015.〕 La Discrétion 1820s In public administration, administrative discretion refers to the flexible exercising of judgment and decision making allowed to public administrators Regulatory agencies have the power to exercise this type of discretion in their day-to-day activities, and there have been cases where regulatory agencies have abused this power. Administrative law can help these agencies get on the path of following regulations, serve the public, and in turn, a reflection of the public's values and beliefs. There's a need for administrative discretion because the public’s interest could be at risk if several agencies were not following laws and regulations. Administrative discretion is important because without it, it could lead to arbitrary and unreasonable use of such discretion, which may lead to destruction of basic principles of administrative law.〔Vaishnav, S., & Marwaha, K. (2015). Judiciary: A Ladder between Inevitable Administrative Discretion and Good Governance. International Journal Of Multidisciplinary Approach & Studies, 2(2), 63-72.〕 Although this type of discretion isn't laid out in the job-description of a bureaucrat/public servant, it is necessary because citizens use these bureaucratic institutions every day; such as the D.M.V. , public schooling, and numerous others. Street-Level Bureaucrats have to deal with the provision of service as well as translating vaguely worded mandates into specific cohesive and comprehensive language to organize protocol. Administrative discretion allows agencies to use professional expertise and judgment when making decisions or performing official duties, as opposed to only adhering to strict regulations or statuses. For example, a public official has administrative discretion when he or she has the freedom to make a choice among potential courses of action. The failure to exercise reasonable judgment or discretion is abuse of discretion. "I think that in our system of government, where law ends, tyranny need not begin. Where law ends, discretion begins, and the exercise of discretion may mean either beneficence or tyranny, either justice or injustice, either reasonableness or arbitrariness."—Kenneth Culp Davis ==History== The idea of administrative discretion dates back as far as the time of widely-known Greek philosopher Socrates in his quest to lay the foundation for philosophical ethics.Socrates determined a general ranking of "universal morals" in order to piece together certain criterion that could test what course of action to take in any immediate situation. He assigned value orders as well as certain "means to ends" that would determine alternatives for ethical philosophical generalization. In doing so, Socrates was creating the first type of basis for administrative discretion. When Andrew Jackson took office in 1829, the country was going through radical changes—the scale of government grew extensively which caused the need for an increase in the administrative activity. Jackson brought the bureaucratization of administration. He appointed his close friends to office to work in administered processes. This was known as the "spoils system", in which was a system was in place where presidential administrations had the power of hiring or firing federal workers; this brought a constant change in demands and routines for personnel. Of his additions to the administrative discretion and of bureaucracy as we know it today, one in particular, the creation of The Patent Reform Act of 1836 brought about the creation of new offices and adjudicatory administrative boards. Although, perhaps unknowingly, Jackson brought a new age to administrative discretion. Another president who has come in contact with administrative discretion is Madison. Known as Madison's Managers, drafted in 1787, some argue that early public administration literature had it right. 〔Cann, Steven. "The Administrative State, The Exercise Of Discretion, And The Constitution." Public Administration Review 67.4 (2007): 780-782. Business Source Complete. Web. 26 Sept. 2015.〕 After Jackson, many presidents followed suit of his example—appointing members to administrative processes. In some cases, officials appointed by the presidents abused their powers in administration. There were attempts to control administrative discretion throughout the 19th century, but those attempts overall, failed. Political appointees believed they indeed were law themselves—Jesse Hoyt and his successor Samuel Swartwout for example, notoriously did not comply with the rule to return funds they had collected on behalf of the Federal Government. However, within the 20th century, substantial changes occurred that better formed the concept of administrative discretion as we know it today. Franklin Roosevelt’s New Deal brought much needed relief to the public by implementing welfare programs in a dire time of crisis. There was a type of bureaucratic "sprawl": this era saw the creation of numerous agencies and boards. The birth of such a large bureaucracy, not only helped in aiding the public, but Roosevelt’s programs also answered important question of who would be part of the bureaucracy and govern future welfare programs. The New Deal emphasized the importance of administrative discretion in government and their processes by expanding the staff of the White House and creating new managerial techniques for the executive.〔Morone, J. A. (1998). ''The democratic wish: Popular participation and the limits of American government''. Yale University Press.〕 The Administrative Procedure Act of 1946 was created to govern the internal procedures of administrative agencies and how those agencies interact with the public. The act came about after the Attorney General appointed a committee to investigate the need for procedural reform.〔Marble, R. D. (1948). Federal Administrative Procedure Act of 1946. ''Miss. LJ'', ''20'', 62.〕 The notion of the time (not too far off-base of popular public notion today) was that various agencies were created by Congress over a long period of time in a piece-mail, haphazard manner. The view was that there was no uniformity in the chaotic bodies to administer anything. The 1946 act places policies on agencies’ rule-making, adjudications, and licensing behavior. The intention was to make sure that the public is protected and safe, with secured proper entitlements. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Administrative discretion」の詳細全文を読む スポンサード リンク
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