Policies Vs Legislation: Understanding the Differences (II)

9 months ago

Introduction

In this three-part series, we have been exploring the foundation of the legal and regulatory framework that governs societies. In the first part, we highlighted the significant tools the government uses in any country's policies and legislation. Both play a crucial role in influencing societal norms, dealing with societal problems, and achieving particular goals.

In this second part, we will be looking at their enforceability. Enforceability determines the degree to which these measures can be upheld and carried out. Understanding the distinction between policies and law enforcement is crucial to understanding how governments exercise their power, ensure the law is followed, and advance a just and orderly society. In the second part of this article, we will examine the differences between laws and policies that affect how well they can be enforced.

Legal Force and Enforceability  

One way to distinguish between Laws and Policies is to explore the enforceability of both instruments. What legal force does legislation have that a policy doesn't, and what systems have been put in place to ensure the enforceability of these instruments? The government employs state power, including police and military personnel, to enforce law enforcement activities; this use of force is primarily governed by local law and international human rights legislation. States must impose tight restrictions on the use of force in law enforcement operations. The government must, in particular, guarantee that domestic law complies with international responsibilities and punish officials who use disproportionate or other arbitrary force.

What is enforceability?

Enforceability means that an agreement or, in this case, law or policy consists of the necessary components to impose it under law. It is the ability to make people obey, make something happen or be accepted. Additionally, it indicates that something can be enforced when one party who is expected to do something is forced or ordered to comply with the legal action; that is an example of an enforceable thing.

Legislation

Laws and regulations are only effective if they can be, and are, enforced. Laws carry the weight of the law and have the legal authority to ensure that the organisation and people they govern adhere to them. After a law is passed, anyone who violates it faces legal repercussions. The enforceability of legislation is the bedrock of every legal system. It ensures that the citizens and businesses are protected and that the business environment is stable and predictable.

Policy

Policies are legally binding since they set the norms for a field or industry. They do not, however, have the severe punishments that laws have. While laws must be properly followed, policies may not be implemented or strictly enforced. Generally, approaches rely on voluntary compliance and incentives to ensure that they are implemented.

Conclusion

In conclusion, the enforceability of policies and legislation plays a pivotal role in determining the effectiveness and legitimacy of governance. While approaches rely on voluntary compliance and incentives, the ruling holds the force of law and is backed by the state's authority. This crucial distinction underscores the significance of legislation as the bedrock of the legal system, providing the means for government intervention when voluntary compliance falls short. In this series's third and final part, we shall explore the creation processes for legislation and policies.

Inalegwu is the Private Sector Liaison, NASSBER. Reach him on ochoche.inalegwu@nesgroup.org