2023년 2월 20일 월요일

What is fettering discretion?

"Fettering discretion" is a legal term that refers to a situation where a person or entity with decision-making power limits their own ability to exercise that power in a particular situation. In other words, the decision-maker restricts their own discretion by imposing rules or guidelines that dictate how they should make a decision, instead of considering the unique circumstances of each case. For example, a government agency may have the power to issue permits for certain activities, but they may have a policy that limits the circumstances in which they can issue those permits. If the agency refuses to consider an application for a permit that falls outside of the established policy, even if the application has compelling reasons, this would be an example of fettering discretion. Fettering discretion is often seen as problematic because it can lead to decisions that do not take into account the individual circumstances of a case. This can result in unfair or arbitrary outcomes, which can be challenged in court if the decision is made by a public authority.

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