عنوان مقاله [English]
The discretionary power theory in England administrative law through judicial decisions and precedents has been developed. Despite the traditional and pessimistic approach to this institution, the discretionary power theory is one of important tool for ensuring the correct and logical decisions. Traditionally based on the Dicey approach discretionary power, means as administrative tyranny. Nowadays the discretionary power can be interpreted as justice or as arbitrariness. In this paper we endeavor introduce the position and conceptual extent of discretionary power theory in the England public Law. So at first the concept and scope of discretionary power has been studied and then present types of discretion, judiciary control aspects, and the development of judiciary policies in England. The principal hypothesis of this study based on the reproduction new concept of discretionary powers. In conclusion we can say that in modern administrative law the discretionary powers not good or bad per se.
Key words: Discretionary Power, UK Administrative law, Discretion, Judicial review, Abuse of power, Iranian Law.