Posted: August 12th, 2013
Issues of the exercise of discretionary authority by the administrative agencies have been the center of debate in the national perspective. The exercise of discretion is considered as tyrannical. However, it is a legitimate administrative function of government agencies. The application of the policy has created hostility, suspicion and discontentment among the citizens. The instruments of administration are established in order to respond to the increase in demands for the modern government that require the expertise and competence. Therefore, the assigned reading is important in understanding the necessity of discretionary authority. In addition, it is agreeable that discretionary authority is important in law development and enforcement.
Social and economic policies require a proper and suitable system of management. Accordingly, it might prove difficult to have one system of managing these policies within government. Policies also guide the various activities carried out within the nation on a daily basis. In order for these policies to be implemented and managed effectively, the government requires the contribution of specialized agencies. In their efforts to achieve proper law implementation and efficiency these agencies employ discretionary authority (Cooper, 1938). This is a necessary approach because there must be an established structure that ensures enforcement of laws. The chapter therefore highlights that without this system, deficiencies are inevitable.
It is interesting to note that there are laws that guide administrative agencies in their exercise of discretion. Legislature has established a standard of action or criteria within the law. Therefore, people should not fear the system and its work. It is interesting to note that people dispute an approach taken by government to ensure that laws are enforce with expertise. However, ignorance and lack of knowledge on judicial issues may be a contributor toward the negative attitude towards discretion.
It is noteworthy that the judiciary cannot perform the process of law enforcement alone. In addition, the reading offers examples form some of the key players in the judiciary that recognize this. Therefore, understanding the role played by the judiciary is also important in discretionary administration. The example on the attempts of congress towards granting the judiciary the jurisdiction of the supervision of certain administrative processes is instrumental in understanding the administrative weaknesses. Consequently, the Supreme Court denied the federal courts from assuming this role based on constitutionalism (Barry, et. al, 2005).
Chapter 3 is also a fundamental resource towards understanding the structure and system of control in discretionary administration. This also offers insight on the importance of the approach. The various examples on court cases also indicate the advantages of having this system in order to protect citizens. It also ensures that laws are enforced using the judicial approach. Accordingly, various sectors arte set to benefit such as health and consumers. For instance, the case between the Federal Trade Commission and Kevin Trudeau is a clear indication of the efficiency of discretionary action. Such cases prevent the effects of consumer exploitation and government blame.
In conclusion, the assigned reading is a resource in understanding discretionary authority. The author provides a convincing case towards the exercise of administrative discretion by specialized agencies. It is important because it ensures effective administration of the law. The judiciary also faces challenges in efforts to supervise matters of administration. However, it should also be noted that the article was written in 1938 before the enactment of Administrative Procedure Act. However, it is still important despite the changes in legislation.
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