Discretion is, as the dictionary indicates, the quality of discretion, that is, the performance of something or someone without the influence of a norm or rule. In other words, a decision that does not obey a specific regulation but is based on someone's individual criteria.
The idea of discretion bears a certain resemblance to another, arbitrariness. However, they are terms that should not be confused. Arbitrariness is synonymous with injustice and someone makes an arbitrary decision when he fails to meet an external criterion (for example, a rule that is mandatory). On the other hand, acting discretionally implies that an injustice is not intended, but rather the decision that is considered most appropriate is adopted.
In the concept of discretion there is a fundamental element, freedom. If a person tells another to do something in a discretionary way, he is proposing that he carry out an action freely, with the criteria that he considers most appropriate.
Administrative discretion
The administrative regulations of the state have strict normative regulation. However, there is an exception to this general rule: administrative discretion. The basic idea behind this concept is to grant some interpretive freedom in some circumstances. The law does not always impose a specific action, but contemplates the possibility that a person in charge can make their own assessment. In other words, it is a certain margin to make decisions based on the situation.
In the field of law, judges have the power to apply preventive detention in some situations, a circumstance that is carried out at their discretion. As is logical, the discretion of this type of measure is quite controversial and jurists debate about it, since there is a risk of committing an injustice or an abuse of authority.
Fire at will
In the military establishment a superior gives an order and the subordinate must abide by it to the letter. This rule implies that the subordinate cannot do what he considers appropriate, since his duty is to comply with the orders. Despite this, there are special situations in which it is important to be effective and decisive.
Let's think of a battle in which the soldiers wait for orders from their commanders and at a certain moment the following order is received: fire at will. In this case, the soldier must shoot in the way he considers most appropriate and when he understands that it is necessary. This order has a paradoxical component, since it implies that it must be fulfilled but in a free way in its application.
