Lexipedia

Administrative discretion

Administrative discretion is the legally conferred room for authorities to choose between lawful outcomes when applying public law.

In Swiss administrative law, discretion exists where a statute leaves an authority a choice, for example about whether to act, how to weigh interests, or which measure to order. It is not freedom from law: the authority must respect the purpose of the norm, equality, proportionality, good faith, and the duty to establish relevant facts. Courts usually review the legality of discretionary decisions but often show restraint on policy or technical assessments entrusted to the administration.