Policy and methods: Choices for legislatures

The legal methods through which one adopts and implements policy decisions profoundly affect the compatibility of policy implementation with democratic legitimacy and legal certainty of the rule of law. Indeed, the choice of legal methods can be as important as the formulation of the policy itself. While a good choice of methods will not heal a bad policy, it can help assure that a less-than-perfect choice of policy can be more forcefully realized than otherwise, it can also help improve the policy choices made and help protect democratic legitimacy and the rule of law. While deficiencies in legislation or in the political system may require resort sometimes to policy decisions in the course of law application, legislatures should minimize mixing policy decisions with law application. One of the simplest ways of promoting policy while safeguarding the rule of law is to restrict the effect of policy decisions to the future. In any case, policy decisions can ordinarily be expected to be better made when they are recognized as such, are made by institutions created to make policy decisions, and are reached by decision makers who can appeal to political responsibility as a basis for their decisions.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
Download options
PhilPapers Archive

Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 20,017
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Monthly downloads

Sorry, there are not enough data points to plot this chart.

Added to index


Total downloads

1 ( #771,747 of 1,793,159 )

Recent downloads (6 months)

1 ( #463,411 of 1,793,159 )

How can I increase my downloads?

My notes
Sign in to use this feature

Start a new thread
There  are no threads in this forum
Nothing in this forum yet.