早期判例:自由裁量权的法律概念至少在16世纪就已确立。霍尔斯伯里勋爵提及的鲁克案件包含了一个1598年做出的著名的判词,该判词在近400年一直未失去其准确性。下水道管理委员会的委员们为修整河岸征收费用,但他们把所有所需费用都摊派给邻近土地的所有人,而不是摊派给所有的受益者。依法律,委员们有征收费用的自由裁量权,但不许可征收这种不公平的费用。科克在判词里写道:“尽管委员会授权委员们自由裁量,但他们的活 Early jurisprudence: The legal concept of discretion was established at least in the 16th century. The Luke case referred to by Lord Holmesbury contains a famous verdict in 1598, which has not lost its accuracy for almost 400 years. Members of the sewer management committee charge for the trimming of riverbanks, but they apportion all the necessary expenses to the owners of the neighboring land instead of apportioning them to all the beneficiaries. According to law, members have the discretion to impose fees, but not allowed to impose such an unfair fee. In his sentence, Cork wrote: ”Although the commission empowers members to exercise discretion, their live