Legal Definitions - discretionary power

Definition:Discretionary power refers to the authority or ability to make decisions based on one's own judgment or discretion, rather than following strict rules or guidelines.

For example, a judge may have discretionary power when deciding on a sentence for a convicted criminal. The judge may consider various factors, such as the severity of the crime, the defendant's criminal history, and any mitigating circumstances, before making a decision.

Another example of discretionary power is when a manager has the authority to make decisions about how to allocate resources within a company. The manager may use their own judgment to determine which projects or departments should receive more funding or resources.

These examples illustrate how discretionary power allows individuals to make decisions based on their own expertise and judgment, rather than being bound by strict rules or guidelines. However, it is important for those with discretionary power to use it responsibly and ethically, taking into account the potential consequences of their decisions.