Naoumov Svetoslav D., Fairness and discretionary power in the administration of justice

Keywords: justice, philosophy of law, legal consciousness, legislation, civil rights, rule of law, discretionary power, EU Court, legal principles

The problem of the functional relationship between justice and discretionary power is based on the analysis of the principle of separation of powers in the modern state of law, on the one hand, and the philosophical legal discourse on the right to a fair trial in this same modern state of law – on the other. Discretionary power has traditionally been seen as the right to make a decision based on personal judgment provided for in law. Discretionary power is usually discussed in terms of judicial power. From a legal-philosophical point of view, however, the question has much wider dimensions. The challenges faced by modern administration of justice in the context of the law-justice discourse have travelled a long and complicated path, marked by contradictions, declines and supreme achievements of self-affirmation and protection of civil rights....