Instruments of State Policy
A constitution is a single state document enacted within a unit of
state, superior to and constraining all other laws enacted within that
unit of state, approved by an affirmative vote of the affected
population, that creates and constrains state authority, activities,
and responsibilities, often in general terms suited to refinement by
statute and regulation.
A statute is a state document that enumerates a policy to be pursued and
enforced by the state, and can elaborate a framework or procedure for
such pursuit and enforcement. A statute is created by a legislature, and
provides specification for the manner in which constitutionally
endowed authority is exercised and responsibility is met. A statute
cannot create any state authority or responsibility, and is wholly
constrained by the applicable constitution. Enactment of an
applicable constitutional section that conflicts with a portion of a
statute voids that portion of the statute.
A regulation is a state document that details a manner of operation
for one or more statutes or portions thereof, and is wholly
constrained by standing statutes and court precedents and rulings.
Enactment of an applicable statute conflicting with a portion of a
regulation voids that portion of the regulation. Any state employee
so authorized pursuant to law can participate in the creation of
regulations.
A court precedent is a state document that details a manner of
practical application at court for one or more regulations, statutes,
or portions thereof, or for a portion of a constitution. A court
ruling is a formal decision of a court, according to the applicable
constitution and statutes, and optionally referencing applicable
regulations.
An instrument of state policy is any portion, or the entirety, of a
constitution, legal code and constituent statutes, regulatory code,
court precedent, form, order, ruling, directive, decision, or any
other document enumerating a policy enforced or adhered to by the
state, action to be taken by the state, or elaborating a framework or
procedure for such action or enforcement, provided that contracts
between non-state parties are not considered instruments of state
policy.
Instruments of state policy that are not constitutions, statutes,
regulations, or court precedents or rulings, are enacted internal
to a branch of state, fully constrained by applicable constitutions,
statutes, regulations, and court rulings, to refine procedures for
mission fulfillment.
``Law'' appearing without a syntactic article refers to the policy described by
the complete set of standing instruments of state policy, and ``a law''
(preceded by the indefinite article, or by a definite article when a
particular instrument of state policy has already been introduced and
is specifically at issue, appearing as a plural, or preceded by a
quantifier such as ``any'' or ``no'') refers to the policy described by any
portion of that complete set. An action or condition is ``lawful'' if
it is not forbidden by any applicable instrument of state policy. An
action or condition is ``unlawful'' if it is forbidden by an applicable
instrument of state policy.
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This is a preliminary draft. Pending changes are in The To-Do List