The Internal Organization of Political Law

• Author: Gregory Tardi
• Pages: 69-76

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The Internal Organization of

Political Law

We have postulated that political law exists as a distinct subject

matter, situated at the intersection of public law, public policy, and

politics. e next task is to outline the internal organization of this

subject, and to demonstrate how it is complementary to the estab-

lished studies of D/democratic government and governing.

The Multiplicity of Sources

Given the interdisciplinary nature of political law, the most appar-

ent aspect of this study is that it draws its material from a variety

of sources. Political law comprises instruments that are legal, that

pertain to policy, and others that arise in the context of politics.

Customary studies of the legal system focus primarily, perhaps

even exclusively, on the types of instruments arising from law-mak-

ing sources. ese are primarily the constitution, statutes, regulations,

and jurisprudence. To these we must add a variety of other legal

instruments that deal with the structure and the functioning of the

state. Instruments of a legal nature necessarily include the elements

of compulsion and constraint; abidance is neither a matter of choice

nor restricted to a specif‌ic segment of society. Non- compliance risks

entailing litigation or prosecution.