Is making laws the only way to enact policy in politics?
Asked by
yaujj48 (
1189)
June 15th, 2023
From what I research in politics (modern day and parliamentary system at least), that in order make decisions in policy changes or politics decision, you need to go through the legislative process. That means you need to take up to the legislature in order to make a single decision in politics and when the decision is made, it is executed through the laws instead of a direct action.
Is that how it works, seems kind of slow plus the fact that the assembly meeting is like every month (I think I may be wrong). Plus is making laws the only way to execute a decision made by the government?
Also how would decision making work in the past like Ancient Rome or Medieval England or Han Dynasty of China? Would it be similar or different to the modern day counterpart?
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7 Answers
No, at least not in the US.
You can make policy by:
1) de-funding certain services or actions (Congress likes to do this)
2) having the responsible agencies make rules at a highly detailed level that may be counter to the law that created the policy in the first place. (Congress passes the law; the agency writes the actual regulations)
3) The president of the US can create and sign Executive Orders that have the force of law that don’t go through Congress.
On the other hand, as we have seen, for Trump – laws don’t matter anyway.
@elbanditoroso has a great answer.
And to your point, in the USA, Congress meets five days a week except when it is out on recess. The slow speed of legislative action has more to do with obstructionism than not enough hours to get things done.
Someone, I can’t remember who, once compared democracy to a system of traffic lights. It may slow everything down but it greatly reduces accidents
@elbanditoroso, thanks for the answer. It may not been a general answer, you did answer how USA or perhaps presidential system enact policy in the government. You deserve the Great Answer you are given.
The Supreme Court can strike down unconstitutional laws.
In Canada the Prime Minister/Premiers cabinets have executive powers that can be used without a vote
The executive branch has a lot of leeway as far as what actually happens on the ground. It may introduce policy preferences that give direction to agencies and authorities under the executive umbrella, for example. Executive actions, though subject to judicial review, can more specifically direct various executive branch agencies.
Prosecutors have basically unlimited ability to choose which laws are prosecuted, and are typically only accountable at election time.
Courts can enact their political wills on many areas of life, limited only by their own decency, and belief in the importance of liberal democracy. The only requirement is that they pull a plausible sounding reasoning out of the bag of ones pre-crafted by monied interest groups.
Policies in the US are not necessarily laws, which is what legislation would pass. Policies tend to be more about how the laws are going to be executed (Executive Branch). And lately we have had unelected bureaucrats in the various departments creating their own policies and enforcements.
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