What is discretion?

What Does discretion Mean

Discretion is the quality of discretion . This adjective refers to what is done freely, to the power of government in functions that are not regulated and to the transport service that is not subject to regularity commitments.

Discretion, therefore, may be associated with the action that is left to the discretion of a person , an organism or an authority that is empowered to regulate it. For example: "The distribution of funds is at the discretion of the government, when it is Congress who should decide how to grant them" , "The president once again demonstrated that he makes the most important decisions according to his discretion, without consulting any minister" , " The living conditions of the people cannot depend on the discretion of an official ” , “ The opposition expressed its criticism for the discretion in the formation of the commissions ” .

A discretionary service is a public service that is regulated according to the needs of the users and the company that provides it. The most common use of this notion is linked to transport , when it is not obliged to comply with parameters of regularity, schedules, itineraries, etc .: “We are a company dedicated to discretionary transport based on seasonal demand” , “I want to find out if there is some kind of discretionary service that makes door-to-door trips ” .
The transporation , therefore, differs from regular transport, which is subject to a route, frequency and preset times. A public bus (which in some countries is known as a bus, guagua or colectivo, among other names) must follow a pre-established circuit and arrive at the stops corresponding to certain times.
Administrative discretion
According to the paradigm of the constitutional order , it is correct to affirm that public power must be exercised within a strict framework of principles and norms that derive from the legislature in force, for which there is no official or public activity that acts with full freedom in the exercise of their functions, but must adhere to the rules expressed in their respective regulations.
On the other hand, given that the public administration carries out many activities that, in turn, change over time, its limits are not always precisely defined by the laws and, for that reason, the legal system provides two types of authority to the administration, which are the following:

* Regulated power : it is one whose rules are duly indicated by public law, which means that the Law determines which authority must proceed in each case, and in what way it must do so, without leaving room for any type of subjectivity on the part of the same;
* Discretionary power : it provides a certain margin of freedom for the authority, having assessed a situation slightly subjectively, to decide how to exercise its powers in a specific case. It goes without saying that said freedom does not exceed the limits of the Law, but responds to the principles that it has established and must always be used to act in favor of it.
It is worth mentioning that, although at first glance both types of power seem opposite, they are not; the discretionary power must respond to certain fundamental elements, which are: its own existence; its exercise in a well-defined framework; the competence of a certain body; its objectives, which must always revolve around the achievement of public purposes.
Finally, the concept of discretion should not be confused with that of arbitrariness, since they are two opposite categories. The first represents a certain degree of freedom within a series of possibilities established by the Law, and making use of a responsible and informed criterion . On the contrary, arbitrary acts are associated with the vagaries of the abuse of power, which go against constitutional principles.

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