In the modern constitutional states, all the administrative activities should be based upon the law and exercised by it. Especially today, these phenomena are getting deeper with strengthening and enlarging of function of administrative power and increasing of rule making. The administration have to realize simultaneously both the public interest at his function and guarantee the individual human right. Accordingly, it is necessary to prevent the administrative power from being arbitrary as efficient as possible by making this distinction clear.
The main points of this thesis are as follows:
I refers to the general purpose of study, the objects and scope.
II clarifies the development process of discretionary power and the theories concerned with the distinction between the restrictive discretion activity and the free discretion activity.
III presents that the limitation of discretional action in administrative law, and that the free discretion activity should admit its inner and outer limits, and that the division of them leads to the prevention the excess and abuse of discretion. In addition, the above statement refers to the theory of "contraction of discretional power to zero."
In conclusion, IV synthesizes and arranges them and shows the harmony between the administrative efficiency and the safeguard of the basic rights of the majority by raising the problems and taking the relevant measures.