/əˈbjuːz əv dɪˈskrɛʃən/ – Pharse
Definition: lạm dụng quyền xét xử, chuyên quyền.
A more throughout explanation: An abuse of discretion occurs when a court, tribunal, or other decision-making body exercises its authority in an arbitrary, capricious, or whimsical manner, or in a way that is clearly unreasonable or contrary to law. It is a legal doctrine that allows for the review of administrative or judicial decisions.
Example: Administrative Law: A zoning board denies a permit to build a new housing development, citing concerns about traffic and overcrowding. However, the board’s decision is based on factors that are not supported by evidence or relevant to the zoning regulations. This could be considered an abuse of discretion.
Judicial Review: A trial court sentences a defendant to a significantly harsher sentence than is typically imposed for similar crimes. If the court’s reasoning is unclear or unsupported by the facts of the case, it may be grounds for appellate review on the basis of abuse of discretion.