The Internal Organization of Political Law

AuthorGregory Tardi
 
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.

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