Question

What is the purpose of having a body of enforceable laws in our society?

What are two key roles of laws in our society?

What might be the result if these laws were not in place?

Explain the four primary legal sources of laws—constitutions, statutes, administrative regulations, and common laws.

Compare and contrast between a public health policy and a law.

Do you think that public health policy is dependent upon the laws? Why and how?

Answer 1

Need for a body of enforceable laws:

It is very essential tohave a body of the enforceable laws in the society. In this case, the legislative body ensures that the laws are made. The judiciary on the other hand enforces the law. Thus, the existence of such bodies contributes in the maintenance of order in the society that wouldn’t otherwise be ease to administer.

Roles of laws in the society:

Laws play many roles in the society. One of the major roles of law is the maintenance of order in the society. This ensures the consistency of the law with the society’s guidelines. Also, the law enables an effective solving of disputes. In this case, people approach the courts of law to have their differences determined and thus the solving of disputes.

If the laws were not in existence, there could be many challenges in the society. Without the laws, it would mean that they would be no order in the society. Also, the society would also experience a difficulty in the solving of the various disputes that arise (Gostin, et al. 2015). The rights and liberties of the citizens would be difficult to protect without the existence of laws.

Primary legal sources of law:

Constitutions

This is the main source of laws. It is a document that is either in written or unwritten form that is deemed to be the supreme source of law of the country. Any other law that is inconsistent with the constitutional provisions is deemed to be null and void.

Statutes

This are the laws that are made by the parliament (Stewart & Wild 2017). This could either be the congress as well as the senate. They are made after the passage of a bill. This source of law can be applied as long as new bills are being discussed on the floor of both houses. They are made by elected members of the two houses and signed into law by the president.

Administrative regulations

These are laws that are made by other institutions other than the congress. These laws are passed by the institutions upon which the duty to make laws have been delegated by the parliament. Thus, they act as legislators upon which delegation has been exercised. Such laws include those of the local governments as well as those passed by the various government ministries.

Common laws

These are laws that have been made in the past by judges and courts. Thus, they are mainly referred to as case laws. They are applied in cases that are similar to what happened when they were made. In this regard, it is an application of other people’s laws that were made in similar circumstances.

Comparison of a public health policy and a law:

The two aspects compare to each other in that they offer guidelines on how the health sector need to run effectively and efficiently. Both of them could be in written form or unwritten. On the other hand, the main difference comes in on the enforceability of the two. Whereas a law can be enforced in a court of law, a public health policy cannot be enforced in courts as it is taken as a guidelines.

If the public health policy is dependent on the law:

The public health policy is dependent on the law. The policy regarding health is mainly based on the laws governing the health sector. Thus, the policy have to be in line with the laws. Any policy that is made and becomes inconsistent with the public health laws becomes null and void. It is thus impossible to have public health policies that are inconsistent with the supreme law of the land. Policies are structured to affirm what was intended by having the law in place. Thus, a policy junior and is superseded by the public health law.

References:

Gostin, L. O., Wiley, L. F., & Frieden, T. R. (2015). Public health law: power, duty, restraint. Univ of California Press.

Stewart, B. W. K. P., & Wild, C. P. (2017). World cancer report 2014. Health.

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