Skjønsmessige

Skjønsmessige is a Norwegian word that translates to discretionary or judgmental. It refers to something that is decided or handled based on personal judgment, opinion, or discretion rather than strict rules or predetermined criteria. The term often appears in legal and administrative contexts, indicating that a decision-maker has the liberty to choose among several possible courses of action based on their assessment of the situation.

For example, a judge might have skjønnsmessige powers when determining a sentence, considering various factors such as the severity of the crime, the defendant's background, and mitigating circumstances. Similarly, in public administration, officials may exercise skjønnsmessige judgment when allocating resources or making decisions about public services, adapting to specific needs that cannot be fully anticipated by general regulations.

The concept of skjønsmessige decisions implies a degree of flexibility and adaptability. However, it also carries the responsibility for the decision-maker to act impartially, reasonably, and in good faith. Unchecked or arbitrary discretionary power can lead to inconsistencies and perceived unfairness, which is why legal frameworks often provide guidelines or principles to govern its exercise. The balance between the need for flexibility and the requirement for predictable and fair outcomes is a constant consideration when dealing with skjønsmessige matters.