Administrative Discretion and Fragility of Rule of Law

Administrative discretion is an essential part of modern governance. Because of the complexity of the welfare expansion regulatory framework, the legislature must give the authorities, sometimes known as administrative authorities, discretionary powers to carry out the legislation. However, unchecked or excessive discretion poses a severe challenge to the rule of law since it can lead to abuse of authority, inequity, and arbitrariness. With an emphasis on the central question of how much discretion is excessive, this research explores how to reconcile administrative discretion with the rule of law. Through doctrinal analysis, judicial interpretations, and comparative viewpoints, the article argues that in order to maintain the supremacy of the law and enable effective administration, discretion must be ordered, directed, and managed.