Authorized Discretion: The Democratic Essentials of Governance in the European Union

Abstract

How can the administrative state enhance democracy through the practice of governance? We offer a theory of authorized discretion: administrative principles are grounded in democratic values, and, in turn, authorize forms and practices of governance that comport with those values. We argue that (1) public administration is intertwined with a substantive conception of the rule of law; (2) administrative principles in the law shape the development and application of rules and standards by public officials; and (3) when these principles are rooted in democratic values, they are essential to the practice of public governance. We show how the European Union has been defining and emphasizing specific principles through its European Administrative Space initiative. We then show how the essential principles of this initiative embody democratic values. Our practice-based theory offers important implications both for the theoretical relationship between administrative discretion and democracy and a broad empirical research agenda.