Law. government and Public policy

As the title indicates, this is a study of the part played by law in public policy. I use the term 'law' in a broad sense, meaning a system of formal rules in society, the means by which expresses and enforces the exercise of legitimate power. Legislatures, the executive and courts are recognized as having the capacity to make and administer law. In this sense law is not simply lawyers' law-the rules considered by the courts or those the legal profession is involved with. An Appropriation Act of the Australian Parliament and a Dog Ordinance of the Wagga Wagga Council might never be considered by the courts, and the legal profes sion might never advise clients about either, but nevertheless both are law.

Public policy is an ill-defined term. As used in legal discourse, it indicates the non-doctrinal factors which might be used in some judicial decision-making. In this book it connotes the 'product' of state decision and action, in other words the decisions and actions of government departments and agencies, courts, and other bodies able to allocate values authoritatively in society. A failure to decide or to act ('non-decisions' and 'non-actions') might also be perceived as public policy.

Because the book is concerned with law and public policy, however, it does not address matters which never get on to the political agenda. Nor is attention given to those aspects of public policy which do not have a substantial legal manifestation. For example, excluded is the not uncommon response of government to particular problems, the estab lishment of avenues for complaint, where these do not entail new law. Also excluded from examination are the codes of practice sometimes encouraged by government for particular areas of business activity." This self-regulation has legal ramifications (for example, because of its anti-competitive effect), but it is not regarded in this book as law.