Peculiarities of discretion in the legal practice of the Anglo-Saxon States

Using the study of various factors influencing the discretion of public authorities in making a legal decision, the author analyzes certain aspects of discretion in the Anglo-Saxon law, which has its own special sources of law and type of legal understanding. Judicial law-making, which is typical for the states of the Anglo-Saxon legal family, allows resolving contradictions arising in the field of legal regulation. At the same time, such approach must comply with such a requirement as legality, and not be accompanied by arbitrariness of the court. In addition, in the States belonging to the Anglo-Saxon legal family, the highest court establishes the circumstances of the case, along with checking whether procedural and substantive law were correctly applied. The author considers certain factors influencing discretion in decision-making, such as the prevailing type of legal understanding, the role of judicial precedent as a source of law and legal doctrine, the implementation of the rule of law principle (rule of law) and its interpretation, the legal structure (model) of appealing court decisions, the doctrine of discretion in lawmaking, the features of judicial career growth. The powers inherent in the supreme judicial body and the importance of this court are also characterized by significant features from the point of view of appeal. It is concluded that in order to develop the theory of discretion in legal practice, it is necessary to study these factors in detail separately, which may become the subject of a separate scientific study, therefore it seems necessary to analyze the influence of each factor on discretion in legal practice separately.