Administrative Discretion in Uganda: The Role, Impact, and Legal Boundaries

Abstract

This study was conducted to investigate the nature of administrative discretion in Uganda, examining its scope, legal framework, impact on governance, and its role in ensuring efficient public administration. Administrative discretion refers to the authority granted to public officials, especially in administrative agencies, to make decisions within the scope of their powers and in line with legal provisions. In Uganda, administrative discretion is crucial for the implementation of policies and the execution of public functions. However, while it enables flexibility in decision-making, it also raises concerns about accountability, fairness, and potential abuse. Through in-depth interviews, doctrinal research and empirical analysis, this study involving 60 respondents (public officials, legal experts, and citizens) evaluated how administrative discretion is exercised in Uganda, its legal boundaries, and the mechanisms in place to prevent abuse and ensure accountability. The study findings suggested that, while administrative discretion is essential for effective governance, its unchecked use poses significant risks to fairness, justice, and the protection of human rights. This research consequently offers recommendations for legal and institutional reforms to ensure that administrative decisions are made in accordance with the rule of law and respect for fundamental rights.

Keywords: Administrative Discretion, Public Administration, Legal Boundaries, Governance, Rule of Law, Public Policy.