Discretion in constitutional law: the boundaries between an acceptable means of regulating public relations and a legal defect
Abstract
The author of the article considers the objective nature of the phenomenon of the legal uncertainty and its replenishment by giving discretionary powers of the authorities and investigates the defects in the regulatory consolidation of discretion, which is a consequence of the underdeveloped or erroneous constitutional theory or intentional violations of the prohibitions and restrictions to achieve political, personal, or other purposes. Explores legal and objective limits of the discretion and the types of defects the implementation of the discretion associated with their violation.
Received: 11/01/2018
Accepted: 11/30/2018
Accepted date: 12/30/2018
Keywords: legal uncertainty, gap in law, discretion, discretionary powers, limits of the discretion, misuse of discretionary powers, legal lawlessness
Available in the on-line version with: 31.12.2018
