Environmental Health Laws
Environmental Health Laws
LECTURE NOTE
ON
FOR
BY
Ahmad shamaki
INTRODUCTION
Environmental health is that branch of public health that is concerned with all aspects of the
natural and built environment that may affect human health. Other phrases that concern or
refer to the discipline of environmental health include environmental public health, and
environmental protection. The field of environmental health is closely related to environmental
science and public health as environmental health is concerned with environmental factors
affecting human health.
"Environmental health addresses all the physical, chemical, and biological factors external to a
person, and all the related factors impacting behaviours. It encompasses the assessment and
control of those environmental factors that can potentially affect health. It is targeted towards
preventing disease and creating health-supportive environments. This definition excludes
behaviour not related to environment, as well as behaviour related to the social and cultural
environment, as well as genetics."
Environmental health is defined by the World Health Organization as; those aspects of the
human health and disease that are determined by factors in the environment. It also refers to
the theory and practice of assessing and controlling factors in the environment that can
potentially affect health.
Public health on the other hand, is "the science and art of preventing disease, prolonging life
and promoting health through the organized efforts and informed choices of society,
organizations, public and private, communities and individuals." It is concerned with threats to
health based on population health analysis. The population in question can be as small as a
handful of people, or as large as all the inhabitants of several continents (for instance, in the
case of a pandemic). The dimensions of health can encompass "a state of complete physical,
mental and social well-being and not merely the absence of disease or infirmity", as defined by
the United Nations' World Health Organization. Public health incorporates the interdisciplinary
approaches of epidemiology, biostatistics and health services. Environmental health,
community health, behavioral health, health economics, public policy, insurance medicine and
occupational health (respectively occupational medicine) are other important subfields.
Environmental health law in Nigeria is that branch of public health law which contains rules and
regulations which have as their object or effect the protection of the environment. During the
colonial era, protection of the environment was not a priority in Nigeria and there was
accordingly no policy aimed at preserving and protecting it. Matters relating to the environment
were dealt with as a tort of nuisance because disputes in environmental law were not viewed
as public matters warranting state intervention. The few environmentally related laws that
were applicable criminalized activities that could degrade the environment. These laws include
the Criminal Code Act of 1916, which prohibited water pollution and air pollution; and created
the offence of nuisance.
In 1917, the Public Health Act was enacted. Although somewhat broad in scope, this Act did
contain provisions of relevance to the regulation of land, air and water pollution. Thus it is
evident that at this time, matters relating to the environment were dealt with in a rudimentary
manner, from the view point of environmental sanitation.
Following Nigeria’s independence in 1960 and the discovery of oil in commercial quantities, it
became apparent that existing laws dealing with the environment were grossly inadequate. This
was owing to the fact that most of the provision on environmental protection were scattered
throughout different laws, resulting in an ad hoc response to different needs in different
situations. During the decade following independence, the Government criminalized polluting
activities, particularly those relating to the discharge of oil in navigable waters and
environmental degradation as a result of petroleum activities. The 1970s saw the further
development of the Nigeria’s environmental regime in response to the industrial growth
associated with the oil boom. River Basin authorities were created and environmental units
were established in some government ministries. The laws were, however, typically ‘knee-jerk’
responses to emergency situations. The 1980 and 1990s witnessed the most drastic and
systematic development of environmental laws in Nigeria, partly owing to Nigeria’s subscription
to a number of international instruments during this period.
Nigeria is committed to a national environmental policy that will ensure sustainable
development based on proper management of the environment. This has necessitated the
Federal Government of Nigeria passing various laws and regulations to safeguard the Nigerian
environment thus promoting positive demands and realistic planning that balances human
needs against the carrying capacity of the environment.
Environmental Impact Assessment is mandatorily carried out before any major development
project is embarked on.
This policy, in order to succeed must be built on the following sustainable development
principles:
a) The precautionary principle which holds that where there are threats of serious or
irreversible damage, the lack of full scientific knowledge shall not be used as a reason for
postponing cost-effective means to prevent environmental degradation;
b) Pollution Prevention Pays Principle (3p+) which encourages Industry to invest positively to
prevent pollution;
i. The polluter pays principle (PPP) which suggests that the polluter should bear the cost of
preventing and controlling pollution;
ii. The user pays principle (UPP), in which the cost of a resource to a user must include all the
environmental costs associated with its extraction, transformation and use (including the costs
of alternative or future uses forgone);
c) The principle of intergenerational equity which requires that the needs of the present
generation are met without compromising the ability of future generations to meet their own
needs;
d) The principle of intra-generational equity which requires that different groups of people
within the country and within the present generation have the right to benefit equally from the
exploitation of resources and that they have an equal right to a clean and healthy environment;
and
e) The subsidiary principle which requires that decisions should as much as possible be made
by communities affected or on their behalf by the authorities closest to them.
Having explained the historical background of environmental health and environmental health
law, including some environmental health principles, it is imperative to review some of the
laws, decrees and Acts that are relevant to and are of environmental/public health impact in
Nigeria. Such national legislations include the followings:
THE PUBLIC HEALTH LAWS (1917) NOW KNOWN AS PUBLIC HEALTH LAW/ORDINANCE
CAP 164 OF 1958
The first major health law was the Public Health Ordinance Cap. 56 Vol. 1 of 1917.
However, the Criminal Code Act which was enacted in 1916 contained some provisions
on public health offences and punishments. There was also Public Health Law, Chapter
109 of 1963 which gave rise to the Public Health Legislation of the FCT.
The various states of Nigeria have their own public health laws which are not different
from each other.
The public health Law is divided into eight (8) parts of seventy five (75) Sections. The
titles of the eight parts are:
The E.I.A Act, as it is informally called, deals with the considerations of environmental
impact in respect of public and private projects.
Sections relevant to environmental emergency prevention under the EIA include:-
The Harmful Waste Act prohibits, without lawful authority, the carrying, dumping or
depositing of harmful waste in the air, land or waters of Nigeria. The following sections are
notable:
This regulation that was promulgated in 2009 among other things makes adequate provisions
for waste control and environmental sanitation including punishments in cases of
malfeasances.
This was launched on March 12th 1991 and represents the basic instrument for monitoring and
controlling industrial and urban pollution.
Launched by Government on 27th November 1989, this document prescribe guideline and
strategies for achieving the Policy Goal of Sustainable Development
HARMFUL WASTES (SPECIAL CRIMINAL PROVISIONS) ACT OF 1988 CAP. 165 LFN.
This Act was enacted in the wake of the Koko saga, Section 1 makes it an offence for any
person to carry, deposit, dump or be in possession of any harmful waste on Nigerian soil, inland
water or seas. Section 2 of the Act lists parties to the crime, section 3 makes provisions for
crimes committed in prosecution of a common purpose and section 5 includes the accessories
after the fact. Any person found guilty of a crime under sections 1 to 5 of this Act shall be
sentenced to imprisonment for life.
These Regulations came into force in May, 2007 and the purpose of the Regulations as
provided under Section 1 inter alia includes:-
To provide a guideline for the enforcement of the regulatory powers in the Act to
prevent and abate nuisance and to protect, preserve, and promote the physical,
mental, spiritual and social well-being of the public.
To prevent and control the incidence of communicable diseases through
environmental health intervention.
The Practice Regulations contains 100 sections in eleven chapters where the duties and powers
of Environmental Health Officers as well as the Health Authority are highlighted. This is in
addition to two other important chapters which are chapters 12 and 13 on interpretations and
schedules respectively.
DEFINITION OF ETHICS
“Ethics has been defined on the rules of conduct that determines what is right or also in a given
cultural mauves”. And by extremism, it has also been defined as” an embodiment of culture
which govern the undo of behaviour. Ethics is derived from others. It include a definite
tradition, and sharing in customs and experiences.
However, every profession has an ethical codes. It foster and guarantees the others.
“Professional ethics concern s ones conduct of behaviour and practice whom carrying out
professional work. Furthermore, professional ethics is a code of behaviour expected from
menders of the same profession.
MORALITY
Morality is the science concerned with the distinction between right and wrong. A moral act is
one that is carried out with at least some degree of knowledge and freedom, proceeding from
man’s rational nature. A moral act (a human act which involves some principles of moral law),
which is in conformity with moral law, is called good but if opposed to moral law, it is called
bad. An act which is done with full knowledge and full freedom of choice is a perfect moral act
while an act in which both knowledge and/or freedom is/or deficient is called an imperfect
moral act. An act, which may be either good or bad but carried out with good intentions, is
referred to a positive moral act. On the contrary an act which entails omission such as an
offence committed by neglect of duty is called a negative moral act. Factors, such as ignorance,
and Law emotion, violence and habit, that may lessen human knowledge or freedom, may
result in hindrance to accountability. Public Health Ethics - concerns the professionals,
individuals and the community at large. Focus on the mandate to assure and protect the health
of the public-which is inherently moral one.
IMPORTANCE OF ETHICS
• To know what is right and wrong about what should and should not be done for and to client,
• To know and respect the issues of human rights, personal and civic.
The following thirty-two (32) principles are intended to aid Health Extension Worker
individually and collectively in maintaining a high level of ethical conduct. They are not laws,
but stands by which Environmental Health Worker may determine the propriety of his/her
conduct in his relationship with:-
1- The principal objective of Health Profession is to render services to humanity with full
respect for dignity of people. Health Extension Worker should merit the confidence of
communities and of individuals entrusted in their care, rendering always a full measure
of service and devotion.
2- Competence: Health Extension Worker should perform only those procedures in which
the Health Extension Worker is competent by virtue of specific training or experience.
Health Extension Worker must not misrepresents credentials, training, experience,
ability or results.
3- Health Extension Worker should recognize health and illness in the broader context of
social, environmental, political and economic factors as related to Health Service
Extension programmes
4- Health Extension Worker practice concerns in prevention of illness and diseases and
ensuring the wellbeing of the rural mass.
5- The Health Extension worker (HEW) should safeguard the public and herself against
health hazards. Health Extension Workers should observe all polices and guidelines up
hold the dignity and honor in performing his/her duties at all times.
6- HEW should achieve community health in a way that respects the rights of individuals
in the community at large.
7- HEW worker should see that public health policies, guidelines and programmes, should
be developed and evaluated through processes that ensure an opportunity for input
from community members,
8- HEW should advocate for, or work for the empowerment of, community members,
ensuring that the basic resources and conditions necessary for health are accessible to
all people in the community. As an advocate in the community setting, Health Extension
worker should:-
Inform the clients and promote informed consent;
Empower the client and protect autonomy;
Protect the rights and interests of clients where they cannot protect their own;
Ensure clients have fair access to available resources;
Represent and support the views/desires of the clients and not just their needs.
9- HEW should see that Health Service Extension programmes and policies should be
implemented in a manner that must enhance the promotive and preventive health
services.
10- HEW must protect the confidentiality of information that can bring harm to an individual or
community.
11- Additional opinion(s) shall be obtained if requested by the client. Consultations(s) made to
protect or safeguard client for further investigations and management
12- The Impaired Health Extension worker: A physically, mentally, or emotionally impaired
Health Extension Worker should withdraw from those aspects of practice affected by the
impairment. If the Health Extension worker does not withdraw, it is the duty of others who
know of the impairment to take action to attempt to prevent him/her from harming
him/herself or others.
14- Health Extension Worker should carry out the best interest of the clients.
15- HEW experience, judgment and practice must not be affected by economic interest in,
commitment to, or benefit from health related commercial enterprises.
17- Communications to the community must be accurate. She/he must not convey false,
untrue, deceptive, or misleading information through statements, testimonials, photographs,
graphics, or other means.
They must not omit material information, without which the communication would be
deceptive. Communications must not appeal primarily to an individual’s anxiety or create
unjustified expectations of results. Communications must not misrepresent the Health
Extension worker credentials, training, experience, or ability and must not contain material
claims of superiority that cannot be substantiated.
18- Health Extension worker may not reveal confidence entrusted to her/his in the course of
attending clients, or the deficiencies she/he may observe in the character of clients, or unless it
becomes necessary in order to protect the welfare of the individual or community.
The Health Extension worker in her/his practice shall avoid direct or indirect self-advertisement.
20- Health Extension worker should participate and must have interest in all activities of the
community which have the purpose of improving both the health and well-being of individuals
and the community.
21- The Health Extension Worker is expected to be friendly in carrying out her/his
responsibilities.
22- The Health Extension Worker is expected to be present on time for every commitment
she/he makes in duties and responsibilities.
23- The Health Extension Worker is expected to respect the confidential aspects of her
assignment, and the dignity and privacy of the clients with whom she works.
24- The Health Extension Worker must be involved, in a warm and natural manner with the
clients she serves without becoming over involved.
25- The Health Extension Worker should show empathy with them clients, not sympathy.
26- The Health Extension Worker should be optimistic about life in general and his client’s
outlook in particular without encouraging any unrealistic goals or attitudes.
27- The Health Extension Worker should be honest and genuine at all times.
28- Humans have a right to quality health. This public health code of ethics affirms Article 25 of
the Universal Declaration of Human Rights, which states in part “Everyone has the right to a
standard of living adequate for the health and well-being of himself and his family…”
Community.
29- Humans are inherently social and interdependent. Humans look to each other for
companionship in friendships, families, and community; and rely upon one another for safety
and survival. Positive relationships among individuals and positive collaborations among
institutions are signs of a healthy community.
30- People and their physical environment are interdependent: People depend upon the
resources of their natural and constructed environments for life itself. A damaged or
unbalanced natural environment, and a constructed environment of poor design or in poor
condition, will have an adverse effect on the health of people. Conversely, people can have a
profound effect on their natural environment through consumption of resources and
generation of waste.
31- Each person in a community should have an opportunity to contribute to public discourse.
32- Identifying and promoting the fundamental requirements for health in a community are a
primary concern to public health. The way in which a society is structured is reflected in the
health of a community. The primary concern of public health is with these underlying structural
aspects, and secondarily with reducing the impact of adverse health outcomes resulting from
underlying causes. Because fundamental social structures affect many aspects of health,
addressing the fundamental causes rather than the health outcomes or more proximal causes,
is more truly preventive.
Professionals are capable of making judgements, applying their skills and reaching informed
decisions in situations that the general public cannot, because they have not received the
relevant training. One of the earliest examples of professional ethics is probably the Hippocratic
Oath to which medical doctors still adhere to this day.
Some professional organisations define their ethical approach in terms of a number of discrete
components. Typically these include: Honesty, Integrity, Transparency, Accountability,
Confidentiality, Objectivity, Respectfulness, Obedience to the law, Loyalty.
Classical conditioning:- which is a process by which the person learns to respond involuntarily
to a stimulus that previously did not produce the responses.
Modeling:-becomes, intentional in learning when the person observes the common behaviour
of significant, commit the behaviour to memory and then performs of or all the observed
behaviour.
ETHICAL PROBLEMS
Obviously in some scares violations of word conduct are beclouded by a corporate structure
that covers great deeds of personal action. Also, the strength of moral controls can be
increased only when it is possibly clear to designate and define the responsibly for improper
action.
Quite worrisome, ethical decision are usually taken by a leisurely taken by a leisurely thinking
process. As categories, action cannot be completely predicated upon good the possible success
or possible failures.
One of the most flagrant examples of modern daily problem of ethics has in the relationship of
government officials and professionals. Logging, PR, bordering and other illegitimate reacting
between professionals and government officials have allowed much unethical practice to
progress unchallenged.
Lamentably, many professionals are over not willing to be responsible to adherence to allow
ethics remain in the ructions of theory rather than becoming port of their everyday activities.
What is a profession?
A profession is an occupation that usually requires advanced education and training; yet one
need not be a member of a learned occupational field, such as medicine, teaching, or law to be
considered professional, Athletes, artists, actors, accountants, managers, and secretaries can
also be considered professionals.
1. Are you in an occupation that requires primarily intellectual ability? Do you have to do more
thinking than doing?
2. Has your educational training required study in the liberal arts—courses requiring abstract
conceptual applications rather than practical training?
3. Is your success measured in terms of your service to others rather than in personal or
monetary gain?
6. Is there one strong group that represents most of the members of your occupation and gives
autonomy or oneness to your group as well as to individual members.
7. Do you consider your occupation to be a lifelong career?
8. To stay on top of your field, do you have to continue to read and study?
9. Have you established your own standards of excellence that are comparable to the high
standards of other professionals in your field?
10.Do persons outside your field respect your special knowledge and abilities and consult you
on matters pertaining to your field of expertise?
IMPORTANCE OF PROFESSIONALISM
The prohibition against the practice of Health Information by quack is grounded on the need of
the patient and the profession at large to maintain integrity and competence among those who
undertake to render qualitative health information services.
Because of there fiduciary relationship between the patient and Health Information Managers
and the inherent complex nature of health information services, the patient and the public in
general can be better assured of the requisite responsibility and competence if the practice is
confined to those who are subject to the profession.
First impressions are extremely important when dealing with prospective clients, business
partners or employers, and the way you are dressed is one of the first things people notice
when they meet you. Professionalism in the way you dress does not necessarily mean following
a strict, universal dress code; it has more to do with getting to know the preferences of specific
people or groups. If you were to attend a meeting at Google, for example, it would be perfectly
acceptable to wear jeans, a T-shirt and a suit jacket. Wearing the same outfit to a meeting at
investment bank Bear Stearns, however, likely would make a bad impression.
The best rules of thumb when dressing for professionalism are to avoid offending anyone, to
pay attention to the dress of those around you and to err on the conservative side when in
doubt.
Punctuality
Although punctuality is not as vitally important in the United States as it is in other countries,
such as Japan, it is still a good policy to arrive at all meetings on time or a bit early. The same
holds true for correspondence; reply promptly to business communications, even if only to say
that you'll need some more time before you can provide the expected response.
Meeting deadlines and being on schedule with your work, whether for an employer or your
customers, can boost your image of professionalism. Missing deadlines is unavoidable at times,
but always make sure that you inform key stakeholders of delays
There are a number of business etiquette elements to consider, and specifics vary by country
and region. You must pay attention to issues such as physical distance, gift-giving and the
formality of business meetings. Cultural differences within a single country can influence
business etiquette at individual companies, to a degree, as the Google example shows.
Social Awareness
Being aware of what specific individuals and groups consider taboo or offensive is the key to
keeping an image of professionalism with a wide range of people. Get to know the people you
work with, and avoid doing or saying things that make them uncomfortable or defensive. Be
aware of taboo topics of conversation, and try not to strongly express divisive opinions, such as
political affiliations.
QUACKERY IN ENVIRONMENTAL HEALTH PRACTICE
Quackery can be found in any culture or in a given profession. Presently, the practice of
quackery is so fattened in Health Records practice because controlled efforts targeted at this
menace have inadvertently but actively deficient. Medicine and perhaps the total system of
health care, remotely have taken giant strides in the 21st century. Paramedical services have
equally developed attractive forces beyond merely attempting to free patient from disease
episode to a more complete rehabilitation of patient. Healths information practice obviously
constitutes an outwardly transparent basis for the conduct of medical practice. Essentially, the
process of documentation, analysis, storage and dissemination of patient information must be
effectively controlled in such a manner that will guarantee that operations conform to
standards. Unfortunately the influx of unqualified persons in the practice has posed dangerous
threat to health information practice.
QUACKERY DESCRIPTION
Quackery is the practice of producing medicine which lacks any evident of effectiveness. It can
also be defined as unprofessional and pretentious discharge of duties without any sound
knowledge. A person who practices quackery is called a quack. Dictionaries defines quack as a
“pretender to medical skill” i.e. a charlatan.” By extension quackery entails the use of method
that not scientifically accepted. The process of quackery includes questionable ideas and
services.
Ignorance: - Empirical evidence has shown that some hospital proprietors particularly in the
private sector are arguably ignorance of the fact that health information services should be
performed by professionally qualified members. And some take advantage of our enforcement
regulatory body that lack determination to ensure compliance with standards.
Cost incentive: - The other category of health care provider cannot afford to engage
professional health information officers and they ultimately seek out a much cheaper
alternative. Health information services rendered by unqualified persons are unusually below
standard of practice for a much lower cost.
Funding:- Lack of fund often time promotes quackery. Typically, the management of a health
facility may be constrained with insufficient fund. In such situation, the health facility may not
even have health information department let alone qualified health information officer.
Unemployment: - In this part of the world, with depressed economy, the level of
unemployment thus seems to be on the increase. Therefore applicants are so desperate to
take up job without requisite for any amount.
Attitude:- There have been immense improvement in the practice of health information and
medicine in general. It is bewildering of course, to note that some health proprietor in recent
years have shown the tendency towards smugness in engaging unqualified hands. Most tends
to work significantly for self and political interest much more than for common good of the
patients. Such unfortunate tendencies aid quackery.
Quacks are not ethically bound and committed to high standard of ethical
conduct.
Quacks are always motivated by selfishness and avaricious materialism.
Quackery (quark) has immense hazard on the quality of services to the patient, the
hospital and the society at large and indeed an insult to the integrity of profession.
Poor professional judgment, skill, discipline and lack of competence.
In many part of the world, the fight against quackery have met with modest success. The
following ways but not limited to the under-listed points could help reduce the menace of
quackery.
A THE PROFESSION
(i) The Professionals:- more than ever before, professionals have realized the importance
of quality services in the future success of professional development. The professionals
must first and foremost develop strategic niche by developing unique services which
the patient and hospital owner will appreciate and support with patronage.
(ii) The professional must relate to secure the management support on the fight against
quackery. The professional must not only be seen to develop ethical standards but
must be Champaign its adherence. The professional must be innovative and must
constantly explore new ways of providing services to the patients.
(iii) Provide skill training to members of staff and hire the right people. Greater
responsibility, accountability and authority will be necessary attributes of any
profession that want to attract the attraction of all and sundry.
(B) EDUCATION:- The public including all stakeholders in health industry must be constantly
educated either through conferences, seminars, publication etc on the inherent
dangers/damages of the practice of quackery in health information management.
(C) BOARD AND LAWS:- Health Information practice is governed by laws and ethical
principles that would engender professionalism. The Board should be more active and make its
law enforcement strategies against quackery more practicable.
(Di) PROFESSIONAL ASSOCIATION:- The fight against quackery requires collective approach
geared to preserve the dignity of our profession. The powers to prevent the involvement of
quackery in our practice should reflect in our code of practice or Act and the association
showed play a leading role the fight against quackery being a pressure group.
(ii) SET STANDARD MEASURE PERFORMANCE AND ACT:- The biggest way to stamp out
quackery and improve services is to set service goals, but this realistically cannot occur unless
we find some way to measure performance. Once performance is measured it is possible to
motivate and reward those who perform beyond minimum standards.
(iv) POLITICAL WILL: - The political will at this hour is very essential in the control of
quackery. Effort to combat the menace of quackery should be part of our national and state
health programs. Essentially, there is the need for strong political will to implement our existing
laws to ensure compliance with set standards.
(E) MEDIA:- The media, intellectuals, social service organization and educated class in the
society must also be involved in the fight against quackery in all of our national endeavors. The
media also play an important role, the government and of course, the public. The media should
create a healthy atmosphere and present a clearer picture by reporting incident of quackery
much as they would get agitated for sub-standard patient’s services, or consumer items like oil,
sugar, and frozen children away others.
At this junction, what we require in the control of quackery is firm administrative control.
“Administrative control can be described as formalized standards, rules, procedures and control
discipline geared towards ensuring effective execution and enforcement of organization
control. The administration control includes.
Segregation of function which is the fundamental principles of internal control and requires
that job function must be effectively redesigned to minimize risk of error.
Public policy refers to the actions taken by government — its decisions that are intended to
solve problems and improve the quality of life for its citizens. At the federal level, public policies
are enacted to regulate industry and business, to protect citizens at home and abroad, to aid
state and city governments and people such as the poor through funding programs, and to
encourage social goals. A policy established and carried out by the government goes through
several stages from inception to conclusion. These are agenda building, formulation, adoption,
implementation, evaluation, and termination.
Agenda building
Before a policy can be created, a problem must exist that is called to the attention of the
government. Illegal immigration, for example, has been going on for many years, but it was not
until the 1990s that enough people considered it such a serious problem that it required
increased government action. Another example is crime. American society tolerates a certain
level of crime; however, when crime rises dramatically or is perceived to be rising dramatically,
it becomes an issue for policymakers to address. Specific events can place a problem on the
agenda. The flooding of a town near a river raises the question of whether homes should be
allowed to be built in a floodplain. New legislation on combating terrorism (the USA Patriot Act,
for example) was a response to the attacks of September 11, 2001.
Policy formulation means coming up with an approach to solving a problem. Congress, the
executive branch, the courts, and interest groups may be involved. Contradictory proposals are
often made. The president may have one approach to immigration reform, and the opposition-
party members of Congress may have another. Policy formulation has a tangible outcome: A bill
goes before Congress or a regulatory agency drafts proposed rules. The process continues with
adoption. A policy is adopted when Congress passes legislation, the regulations become final, or
the Supreme Court renders a decision in a case.
Implementation
The implementation or carrying out of policy is most often accomplished by institutions other
than those that formulated and adopted it. A statute usually provides just a broad outline of a
policy. For example, Congress may mandate improved water quality standards, but the
Environmental Protection Agency (EPA) provides the details on those standards and the
procedures for measuring compliance through regulations. As noted earlier, the Supreme Court
has no mechanism to enforce its decisions; other branches of government must implement its
determinations. Successful implementation depends on the complexity of the policy,
coordination between those putting the policy into effect, and compliance. The Supreme
Court's decision in Brown v. Board of Education is a good example. The justices realized that
desegregation was a complex issue; however, they did not provide any guidance on how to
implement it "with all deliberate speed." Here, implementation depended upon the close
scrutiny of circuit and appeals court judges, as well as local and state school board members
who were often reluctant to push social change.
Evaluation and termination
Evaluation means determining how well a policy is working, and it is not an easy task. People
inside and outside of government typically use cost-benefit analysis to try to find the answer. In
other words, if the government is spending x billions of dollars on this policy, are the benefits
derived from it worth the expenditure? Cost-benefit analysis is based on hard-to-come-by data
that are subject to different, and sometimes contradictory, interpretations.
History has shown that once implemented, policies are difficult to terminate. When they are
terminated, it is usually because the policy became obsolete, clearly did not work, or lost its
support among the interest groups and elected officials that placed it on the agenda in the first
place. In 1974, for example, Congress enacted a national speed limit of 55 miles per hour. It was
effective in reducing highway fatalities and gasoline consumption. On the other hand, the law
increased costs for the trucking industry and was widely viewed as an unwarranted federal
intrusion into an area that belonged to the states to regulate. The law was repealed in 1987.
It is really important that we all understand the difference between a bill, a law, a regulation
and a policy. In a nut shell, bills that go through the legislative process and are signed by the
Governor become law; regulations are proposed by the administrative branch, go through
public hearing process, are approved by the Governor, and have the force of law; policies are
put into place by the administrative branch, may or may not go through a public hearing
process, and while they do not have the force of law, they can greatly impact how programs
and services are implemented.
A law is enforceable by the judicial system and its main purpose is to bring justice to the
society. However, a policy is a set of rules usually set by organizations and corporations to
achieve certain goals. A policy should comply with the law. Every company can have its own
policy so long as it complies with the law, however no company can make its own law. In a
regulatory sense; Laws are passed by a legislatvie body, approved by the executive branch, and
interpreted by the judicial system. Policies are created by an individual agency, and
enforced/interpreted through internal channels, as opposed to the justice system. Also, private
companies can set policies, but not laws.