Discretion as a Policy Alternative to Rigid Legislation (original) (raw)

The Modern Legal State, known as the Welfare State, focuses on the government's efforts to improve the welfare of society. The main consequence in the implementation of the Welfare State is the Government's fairly broad intervention in aspects of people's lives and the exercise of discretion (freies ermerssen). Using the normative juridical method, this research concludes that discretion is needed in administrative law, especially in resolving problems where statutory regulations have not regulated them or only regulate them in general. Apart from that, discretion is also needed in the event that there are procedures that cannot be completed according to normal administration, even though in their implementation there are consequences that need to be faced by public officials.