Review by Choice Review
An insightful analysis of discretionary powers in government followed by an explanation of why administrative and judicial discretion is so pervasive an occurrence. Galligan relies on British, American, and Australian sources in propounding his thesis that discretion is neither peripheral to the exercise of official authority nor an undesirable deviation from the ideal of government through rules. Broadly, the book is divided into two parts, the first concerned with analyzing various sources of administrative and judicial discretion, the second with the legal regulation of such discretion. The seven chapters analyze the concept of discretion, identify the various senses in which the concept is used and the sources of each, examine the ways in which officials exercise discretionary power, identify the main practical and normative constraints, and consider the techniques and institutions of legal control. Although the approach of legal realism is well known to American legal scholars (e.g., E.H. Levi, An Introduction to Legal Reasoning 1940), the author's analysis is noteworthy for its insights into comparative jurisprudence and social theory. Good bibliography and footnotes; adequate index. Upper-division and graduate students.-F.W. Neuber, Western Kentucky University
Copyright American Library Association, used with permission.
Review by Choice Review
