Discretion in the broad sense of the term is spoken aboutf in all three branches of government. The discretion of the legislator is the greatest due to the entirely political nature of the people‘s representation. Through laws, the people‘s representatives regulate the hypotheses of discretion of the state and local administration. Discretion is naturally inherent in the judiciary because when there is no applicable legal rule or when it is unclear, the judge has no choice but to derive a new solution for the new situation.