Relationship Between Law And Public Policy

The purpose of this paper is to explain the relationship between law and public policy. Law is described as the mechanisms used to control the behavior of people in a society, including government power given to administrative branches that govern the people. Public policy is the practice in which the administration of a state addresses public concerns by making laws. There are four kinds of laws that oversee the conduct of administrators. These are statutory, regulatory, constitutional and common laws (Harrington & Carter, 2015).

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Regulatory laws control the activities of particular agencies or corporations. It states on the technical matters that arise in circumstances where citizens have criticisms of certain non-compliance by the agencies. An example here is the case of Goldenberg versus Kelly 397 U.S. 254, where the court upheld the rulings made by a district court that procedural protocols were adhered to, granting the litigants their rights after the dissolution of welfare remunerations according to New York state law. The public issue here was addressed in the court with the assistance of existing laws in the state. Statutory laws address societal issues and protect citizens from discriminations in the society such monopoly on companies or agencies. Constitutional laws entail rules which citizens must follow in order to maintain a peaceful coexistence in the society (Kerwin & Furlong, 2011). It entails the rules of the law that everyone is mandated to follow. In common laws, matters are solved according to the decisions made by the judges as per their reasoning of fairness and justice.

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Having mentioned on the types of laws, it is paramount to add on the fact that these laws are made due to specific reasons that affect the public interests. The main aim of public policies is to brand and evaluate government decisions. The laws are used by the state to create legal regulations to be used by the citizens. It is therefore evident that public policies use the laws to solve public’s problems, whether social, economic or political issues (Harrington & Carter, 2015). For example, legalization of same sex marriages in some states created big controversies. An individual supporting same sex marriage will argue that its prohibition in the society will be an infringement of their constitutional rights, which is a fact. These misunderstandings can create public problems leading to the formation of public policies and laws that protects the interests of such people. States like California have legalized same sex marriage in a move to solve the problem.

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Law and rulemaking are essential components in public policy creation; this is because it seeks to create effective and efficient policies for the society. Public policies are issues and concerns that are addressed by the administrative organizations, which outline the rules of operations that serve the public. The rulemaking procedure is monitored by the agencies for efficacy (Kerwin & Furlong, 2011). For example, a health care facility must ensure that all their staffs are licensed as health care providers by their relevant regulatory bodies. Failure to comply, and upon inspection by the state, they are summoned for tribunals, and the administrative law will continue with a rulemaking process on how the firms can continue to work in future with safety and health measures in place. This leads to the formation of public policies addressing the matter. A law aims at guarding private interests while public policy follows social justice, and arbitrates competing interests.

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