Discretion & Rule of Law

Discretion & Rule of Law Brien suggests that the first sense of discretion is best thought of as a discretionary power (capacity, ability), the second is best understood as a discretionary authority (a permission or authorisation to act in a certain way) (1999: R.6). Police in today’s society have many discretionary powers and it is quite often asked if those discretionary powers are compatible with the rule of law. According to Walker, he states in relation …

…Allen & Unwin, Sydney Kleinig, J. (1996) The Ethics of Policing, Cambridge University Press, UK. Villers, P. (1997) Better Police Ethics. A practical guide. London: Kogan Page 1997 Muir, W. K. Jr (1977) Police: Street Corner Politicians. University of Chicago Press, 1977 Kleinig, J. (1987) Lecture in course CRJ 321: Policing Ethics Spring Semester 1987 John Jay College of Criminal Justice. Brien, A. (1999) Discretion and the Rule of Law. CSU & NSWP Academy Lectures Notes. (Unpublished) Essay By Johnny MAK (NSW Police Academy) Sydney Australia