CHAPTER 13

Enforcement

Theory

Under the theory of separation of powers in a democracy, the government legislates and establishes the laws, whereas a separate body interprets and issues penalties for violations. Obviously, no system is perfect, and while there is a separation, the judges under the second wing are nevertheless appointed by the first wing; hence the government is unofficially beholden to them for the appointments. It is also difficult to see that an absolutely fair outcome is achieved when a panel of judges does not reach a unanimous decision but that is the best there is said to be available.

In planning theory, the planners within government set out what they feel are best practices; these are put into a legal framework and are ...

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