Re: Meeting public demand

[Paul lavely <lavelyp@UCLINK4.BERKELEY.EDU>]

Laws are not made by administrative agencies (NRC, EPA, etc.). 

Agencies make regulations that are intended to fit the articulable 

purpose of the law. However, these agency regulations have the same 

effect as law.



Public opinion or demand does not always result in changes in the 

law. For example, most folks seem to want the laws to change so as to 

deal more swiftly with terrorists; however, changes that would 

decrease constitutionally assured protections are not going to stand 

(even if passed, the courts will overturn them). Therefore, to make 

some changes to laws to meet public demands would also require a 

constitutional amendment.



Finally, changes in law do not move slowly - these changes can be 

VERY VERY fast. For example, the "laws" against abortion were 

universally overruled on the day that the Roe v. Wade decision was 

upheld. In fact, law changes so fast that lawyers often need to check 

on decisions on a daily basis to be sure that what they are using is 

still "good law." They are held responsible to know the law even if 

only changed yesterday due to a court decision ("judge made law").





Paul Lavely <lavelyp@uclink4.berkeley.edu>



>In a democracy, public "demands" are embodied in our laws by definition.

>These laws move rather slowly and may or may not coincide with current

>public "opinion," which is more volatile, nor are they always based on

>sound science.

>

>Vincent King,

>in Idaho Falls (and cold)



-- 

************************************************************************

You are currently subscribed to the Radsafe mailing list. To unsubscribe,

send an e-mail to Majordomo@list.vanderbilt.edu  Put the text "unsubscribe

radsafe" (no quote marks) in the body of the e-mail, with no subject line.

You can view the Radsafe archives at http://www.vanderbilt.edu/radsafe/