Q7. Power to enforce the law is also the power to harm, unless guided by moral judgment. Discuss the ethical concerns in the use of discretionary authority. Analyse why ethical restraint is essential in enforcement. (10 M)
Difficulty Level: Medium
Reference: TH
Why the question
Discretionary authority is central to policing, administration and regulatory work, and recent debates highlight how misuse of power can undermine rights, dignity and fairness. Ethical judgment has become essential in ensuring that legal authority is not exercised arbitrarily.
Key demand of the question
Explain the ethical concerns linked to the misuse or arbitrary use of discretion, and analyse why moral restraint, fairness and constitutional values are necessary for ethical enforcement.
Structure of the Answer
Introduction
Briefly introduce the significance of moral judgment in moderating state power and ensuring fairness in enforcement.
Body
- Ethical concerns: Mention issues such as arbitrariness, bias, rights violations, lack of transparency and misuse of authority.
- Need for ethical restraint: Indicate why moral judgment, fairness, proportionality and constitutional morality are essential for responsible enforcement.
Conclusion
Give a short forward-looking line linking ethical restraint with strengthening justice, dignity and institutional trust.
