Legal Definitions - discretionary power

Discretionary power refers to the authority granted to an individual or body to make choices or decisions based on their judgment, within the bounds of applicable laws, policies, or guidelines, rather than being strictly compelled to follow a predetermined course of action. It allows for flexibility and consideration of unique circumstances.

Here are some examples illustrating discretionary power:

• Sentencing by a Judge: When a person is convicted of a crime, a judge often has discretionary power in determining the sentence. While there might be statutory minimum and maximum penalties, the judge can consider a range of factors such as the defendant's criminal history, the specific circumstances of the offense, the impact on victims, and the potential for rehabilitation. Based on these considerations, the judge uses their judgment to impose a sentence that falls within the legal parameters.

  This illustrates discretionary power because the judge is not simply applying a rigid formula but is empowered to weigh various factors and make a decision within a defined legal range, reflecting their judicial discretion.

• Granting of Business Licenses: A local government agency responsible for issuing business licenses might have discretionary power when reviewing applications. Beyond ensuring an applicant meets basic legal requirements (like zoning compliance or health permits), the agency might consider factors such as the proposed business's impact on local traffic, its alignment with community development goals, or potential environmental effects. If a proposal raises significant concerns in these areas, the agency might use its discretion to deny the license, even if all minimum requirements are technically met.

  This demonstrates discretionary power because the agency can go beyond a simple checklist, using its judgment to evaluate broader community impacts and make a decision that serves the public interest, rather than being forced to approve every compliant application.

• University Admissions Decisions: A university admissions committee exercises discretionary power when evaluating applicants. While academic metrics like GPA and standardized test scores are crucial, the committee often has the flexibility to consider other qualitative factors. These might include an applicant's leadership experience, unique talents, personal essays, letters of recommendation, or overcoming significant personal challenges. This allows the committee to admit a student who might have slightly lower test scores but demonstrates exceptional potential or brings a unique perspective to the university community.

  This shows discretionary power because the committee is not solely bound by a numerical threshold but can apply judgment to a holistic review, making choices based on a broader assessment of an applicant's fit and potential contributions.