What are the limits of judicial review of discretionary powers exercised by administrative bodies considering the need to strike an equitable balance between the principle of separation of powers and the necessity to ensure the effective application of limitations of discretionary powers?

Abstract

This Paper aims to study and reveal (I) the legal grounds for limitation of discretionary power, their significance and features in terms of governing lawfulness of discretion, (II) in which cases the addressee(s) of an exercised discretion may seek for judicial review, i.e. the circumstances that serve as a basis for taking an exercised discretion into proceedings, (III) the boundaries of judicial review of administrative discretion dependent upon its type in the context of separation of powers. The Paper explores national law and judicial practice. In particular, relevant laws are examined and interpreted. As a result, some deficiencies of legal regulations are pointed out. Since Armenian legal literature lacks profound analyses on administrative law and procedure, it additionally refers to the foreign one, especially the American literature, to cover relevant aspects. Moreover, the respective legal questions are discussed in the light of both Armenian and U.S. jurisdictions. Afterwards, comparative analyses are drawn between these two legal systems which promotes comprehensive perception of issues. Furthermore, the question of applicability of U.S. legal approaches in Armenian legal system is discussed. Since this paper is designed not only to reveal issues, but also to contribute to the improvement of the relevant laws, some recommendations for legislative reforms are presented in the end.