The Interplay of Politics and Law: Shaping Policies and Societal Perceptions
Professor Allan B.
An international lawyer specializing in engineering, security, and education, with a proven track record in managing $1.2 billion projects. A dedicated champion of human rights and gender equality.
An introduction
Law and politics are complex and multifaceted. On the one hand, politics can influence the law in various ways, such as through the government introducing amendments to laws based on party policies or membership in international organizations (Barendt, 2013). On the other hand, there are checks and balances in place to ensure politics does not dominate the law. The law is an essential tool for government action, and it is also how the government itself is structured, regulated, and controlled. This paper will explore the various ways in which politics can influence law, the checks, and balances in place to preserve the law's autonomy and the impact of home-grown fanatics and terrorists on the relationship between law and politics.
Politics' Influence on the Law
Politics and law are interrelated, and politics can have a significant impact on the laws introduced into Parliament. Political parties have their policies written in their manifestos, and when a party comes into power, they can influence the laws introduced into Parliament (Hill, 2016). For example, a government committed to reducing crime may introduce laws that provide for tougher sentences for offenders. Similarly, membership in international organizations such as the European Union can influence law. European laws on sexual discrimination, employment, and consumer protection have been created due to Europe's influence (Borowski, 2013).
Pressure groups are another way politics influences law. These groups are composed of individuals who share similar views and aim to influence political decision-making. They use various legal methods such as organizing petitions, lobbying politicians, writing letters to newspapers, and giving interviews to the media to put their views across. Pressure groups can play a significant role in shaping public opinion and influencing elected officials' policies (Edelman, 2019).
The relationship between politics and law can be seen in three aspects: as a goal, a means, or an obstacle. First, politics can define legal values or institutions as its goal. In this case, the societal understanding of these values or institutions becomes almost identical to an authentic legal understanding of the same values or institutions. Second, politics can view the law merely as a means for the fulfilment of certain political interests. In this case, politics remains neutral in its attitude toward the law. Finally, politics can interpret the law as an obstacle to political goals. In this situation, politics prevails over law (Kosar, 2019).
?Overall, politics and law are intertwined, and politics' influence on law can have far-reaching implications for society. How politics and law interact can shape the policies introduced and enforced, as well as how people perceive and interact with the legal system.
Checks and Balances
While politics can influence the law, there are several checks and balances in place to ensure that politics does not dominate the law entirely. One of these checks is the Law Commission, an independent body created to keep the law under review and propose reforms to Parliament. The Law Commission examines various areas of law and recommends changes to the government. However, Parliament ultimately decides whether to implement these changes or not (Lunt, 2014).
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Moreover, the highest courts can play a significant role in preserving law autonomy. In the United States, for example, the Supreme Court has the ultimate jurisdiction over all laws and evaluates their constitutionality. While the Supreme Court's decisions can be influenced by political ideology, the justices are expected to be impartial and uphold the law regardless of political considerations (Chemerinsky, 2019).
Lawyers, intellectuals, associations, and organizations also took action to ensure that these fundamental principles were not undermined by political considerations.
In conclusion, the relationship between law and politics is multifaceted and complex. Politics can influence law in various ways, but there are checks and balances in place to ensure politics does not dominate the law entirely. Homegrown fanatics and terrorists can have a significant impact on this relationship. This highlights the need for balanced and effective responses that prioritize both security and human rights. By understanding the interplay between law and politics, we can better understand how policies are shaped and enforced. We can also work towards a society that upholds the rule of law while also protecting individual rights and freedoms.
References:
European Commission. (n.d.). Law. Retrieved March 23, 2023, from https://ec.europa.eu/info/law/law-making-process_en
Law Commission. (n.d.). About us. Retrieved March 23, 2023, from https://www.lawcom.gov.uk/about-us/
US Courts. (n.d.). Federal courts & the public. Retrieved March 23, 2023, from https://www.uscourts.gov/about-federal-courts/federal-courts-public
Wahlberg, B., & Weber, L. (2016). Politics and law: A review essay on Tom Ginsburg’s “How to Save a constitutional democracy”. International Journal of Constitutional Law, 14(3), 778-787. doi:10.1093/icon/mow051