"Law" is general, inclusive, static, and fixed; therefore, the inflexible application of rigid legal rules can lead to bitter and gloomy results. Accordingly, in the different situations and circumstances regarding the implementation of a single law, one can and should interpret and interpret laws and regulations. The "discretionary powers" of an administrative authority are the product of the necessity arising from making the rules flexible in order to bring "is" and "ought" closer together.

The subject of this article seeks to answer the question of how to have efficient regulation in the duality of "is" and "ought"; "civil society" and "sovereignty"; "value" and "reality"; "rights" and "public interest"; "freedom" and "security"?

Based on the results of this research, "discretionary powers" are considered to be the intersection of the two fields of "administrative law" and "social sciences", in such a way that a marriage is registered with the connection of "public law" and "public policymaking", and with this intersection, "border activism" occurs, and a child is born from the womb of the "administrative position" and is named "discretionary powers".

This article was written under the approach of interdisciplinary studies in law, its research method is descriptive-explanatory and the method of collecting information is "library".