1 For the purposes of this analysis, the notions of ‘discretion of the legislative body’ and ‘legislative discretion’ are used interchangeably. Legislative discretion is a concept that describes the power vested in the legislative body by the respective constitution to create and adopt laws that prohibit, regulate, and encourage activities (legislative bodies). Generally, the legislature may exercise such power without or with only limited restraints, provided it abides by its constitutional provisions. 2 The essential idea in democratic states is that a...
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