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PRINCÍP VIAZANOSTI PRÁVOM A VEREJNÁ SPRÁVA

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Maslen M.

Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

2015

vol. 98

issue 1

22 – 40

The legislation may vest the public administration with the power to exercise discretion. Jurisprudence stresses, that the power of discretion should be used in the minimum, as there is the risk of arbitrariness. Judicial law stresses that the public administration must not expand its discretion over the conditions established by law. When using the discretionary power the legal certainty and predictability of the actions of public administration must preserve. Otherwise the public administration would act arbitrarily. Therefore the question arises - in what extent and how are the public authorities bound by law, when exercising their discretionary power? The possible conclusion may define the power of administrative authority in connection with the scope that has been vested to it by law. The scope of administrative authority includes the extent of the relations that is administrated by the authority. The power of authority expresses the way the authority administrates this extent of relations. The most important conclusion is that the power of authority may interfere with the fundamental rights and freedoms only under the law. In this respect the exercise of authority’s power corresponds to the requirements of the Article no. 1 and Article no. 2 Paragraph no. 2 of the Constitution of the Slovak Republic.

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1 Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)

1 Maslen M.

1 2015

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PRINCÍP VIAZANOSTI PRÁVOM A VEREJNÁ SPRÁVA