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