Law and policy

4 important questions on Law and policy

Proposition: ‘public policies take place in a legal context; therefor legality is an important decision criterion for any policy’

-Policy is developed and implemented based on current laws and rights.
• Rights are decided upon by the actors. They cannot act outside their rights. Aims and resources are not judicially rational if they contradict current rights. 
• Judicial guidance is an important instrument in policy,
• The administrative court gives the citizen the right of use of right-protection. This can cause delays and can sometimes act as an obstacle.
• Laws frequently do not add up, especially in terms of the boundaries of the freedom of citizens.

A citizen, who disagrees with a policy, can appeal to the administrative court. Beforehand, however, s/he has to register a complaint:
With whom?

The organisation that made the decision

What does this institution have to base its judgements on?

On effectiveness (does it contradict existing policies?) and rightfulness (does it contradict official and unofficial rights and laws?)
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Why does this difference exist?

The power-difference. The judge may not take on the side of the board. This is a political case and the judge has to stay far from it.

The question on the page originate from the summary of the following study material:

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