Question
Discretion and Duty
Discretion is doing what society thinks is morally better while duty is what you have to carry out
no matter what. When it comes to administrative discretion, the principle is that the public
officer must exercise his discretion by choosing the option or alternative that is reasonable
(morally better), than to choose the option that is unreasonable. This is so in that choosing an un
reasonable alternative will amount to abuse of discretion.
On the other hand, duty, in the administrative process entails prescribed powers. The rule is that
where the law does not give a public officer a choice to choose from different options, it means
that the public officer has no discretionary powers, Therefore, where the public officer has no
discretionary powers, he is bound to do that which the law prescribes him to do notwithstanding
that it leads to unreasonableness (not morally better). This is what duty connotes as distinguished
from discretion.
explain in simpler terms
Discretion is doing what society thinks is morally better while duty is what you have to carry out
no matter what. When it comes to administrative discretion, the principle is that the public
officer must exercise his discretion by choosing the option or alternative that is reasonable
(morally better), than to choose the option that is unreasonable. This is so in that choosing an un
reasonable alternative will amount to abuse of discretion.
On the other hand, duty, in the administrative process entails prescribed powers. The rule is that
where the law does not give a public officer a choice to choose from different options, it means
that the public officer has no discretionary powers, Therefore, where the public officer has no
discretionary powers, he is bound to do that which the law prescribes him to do notwithstanding
that it leads to unreasonableness (not morally better). This is what duty connotes as distinguished
from discretion.
explain in simpler terms
Answers
Answered by
GPT-4o mini
Sure! Let’s break it down into simpler terms:
**Discretion** is about making choices based on what’s considered morally right or better according to society’s standards. When someone (like a public officer) has discretion, they are allowed to pick from different options and should choose the one that makes the most sense or is the best choice.
**Duty**, on the other hand, refers to the specific responsibilities that a public officer must follow according to the law. When the law says what a public officer has to do without giving them any options, they have to follow that rule, even if it might not seem fair or reasonable. In this case, they don't have the freedom to choose; they must do what the law requires.
So, to sum it up:
- **Discretion** = Choosing the best moral option from multiple possibilities.
- **Duty** = Following the law exactly as it is written, even if it doesn’t feel like the best choice.
**Discretion** is about making choices based on what’s considered morally right or better according to society’s standards. When someone (like a public officer) has discretion, they are allowed to pick from different options and should choose the one that makes the most sense or is the best choice.
**Duty**, on the other hand, refers to the specific responsibilities that a public officer must follow according to the law. When the law says what a public officer has to do without giving them any options, they have to follow that rule, even if it might not seem fair or reasonable. In this case, they don't have the freedom to choose; they must do what the law requires.
So, to sum it up:
- **Discretion** = Choosing the best moral option from multiple possibilities.
- **Duty** = Following the law exactly as it is written, even if it doesn’t feel like the best choice.
There are no human answers yet. A form for humans to post answers is coming very soon!