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Journal of Foreign Legislation and Comparative Law
Reference:
Fake F.F.
Problem of the Freedom of Discretion in the Sphere of Administrative Planning
// Journal of Foreign Legislation and Comparative Law.
2009. ¹ 3.
URL: https://en.nbpublish.com/library_read_article.php?id=56994
Fake F.F. Problem of the Freedom of Discretion in the Sphere of Administrative PlanningAbstract: Article is devoted to evaluation of administrative decisions in the field of planning. The author notes that discretion may not be sufficiently restricted by law and provides approaches on solving this problem in the Anglo-American and civil law systems on the example of Britain and Germany. The conclusion about the possibility of applying the criterion of proportionality to the legitimate decisions of the planning, similar to German practice. Keywords: discretion of the executive, administrative law, public planning, the principle of proportionality
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