Book Review: States, Regulation and the Medical Profession

AuthorAndrew Wall
DOI10.1177/014473949301300118
Date01 March 1993
Published date01 March 1993
Subject MatterBook Reviews
Teaching Public
Administration
Chapter
16)
of
recent
measures,
both
legislative, and
at
common law
towards
increased
openness in
government.
One
has
the
impression
that
Part
IV
('Alternatives
to
the
Courts')
has in
parts,
and
perhaps
inevitably,
been
sacrificed
to
brevity.
Despite
this,
Cane
nevertheless
presents
a
concise
but
comprehensive
overview
of
alternative
mechanisms
for
controlling
governmental
administrative
activity
and
continues
to
give
the
reader
an understanding
of
some
of
the
issues concerning non-judicial
control
of
such
activity.
Where, however,
the
text
gives way
to
brevity
the
reader
is
encouraged
to
explore
further
for
him
or
herself
by
means
of
a well-
referenced
text.
Cane
completes
his
study
with
an
examination
of
the
'Wider
Perspectives
on
Judicial
Control'
(Part
V).
Here
he
firmly emphasises
the
need
for an
understanding
of
the
broad
political
and
constitutional
'environment
in which
judicial
control
is
exercised'.
This is undoubtedly
one
of
the
strengths
of
the
text.
He
concludes
with
an
examination
of
various ways
of
looking
at
the
judicial
role
in judicial
review
and questioning
what
is
meant
by 'good
administration'.
In
so doing
the
reader
is
left
challenged and
with
his
or
her
appetite
stimulated
towards
further
study. Thus
the
text
certainly
matches
the
aims
of
the
series
:
'to
provide .... a
general
perspective
of
legal ideas and
problems which will
make
their
detailed
study
more
rewarding'.
In
sum,
this
is a well
written,
well
referenced
thought-provoking
text.
On a
small
but
significant
point,
it
was with
pleasure
that
I
noted
the
use
of
gender
neutral
terminology
throughout
the
text
(the
traditionally
used
term
'Ombudsman' is
replaced
by
the
term
'Complaints
Officer'
in
the
chapter
on
'Investigating
Complaints').
This
text
comes
highly
recommended
not
only
for
the
student
but
also for
the
teacher
of
public
administration
who will no doubt
be
likewise
stimulated
by
Cane's
discussion.
URSULA
O'HARE
Newcastle
Law
School
University
of
Newcastle
upon Tyne
States,
Regulation
and
the
Medical Profession.
By
MICHAEL MORAN
and
BRUCE WOOD. (Milton Keynes: Open University
Press,
1993, pp.150,
£12.99 p/b.)
Opinions
vary
on
the
power
that
doctors
now have. Some
believe
that
the
increasing
sophistication
of
both
patients
and
governments
has
limited
the
doctors'
traditional
autonomy so
that
-simply
stated-
doctors
cannot
any longer
sell
their
expertise
on
their
own
terms.
Others
maintain
that
the
unlocking
of
the
doctors'
professional
black
box has only opened
it
a
crack
and
that
the
profession
still
holds an
almost
unique position
of
power in
western
countries.
This book
approaches
the
subject
by comparing
the
regulation
of
doctors
in
Germany,
the
UK
and
the
USA.
Are
there
common
themes
in
different
health
care
systems?
Have
the
different
traditions
of
medicine in
the
three
countries
led
to
different
methods
of
control?
To
what
extent
does
regulation
require
legal
support?
60

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