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Module 4 The Process of Policy Formation Flashcards

Part II: Forest Development Policy

1
Q

What is a POLICY?

A
  • generally refers to the principles that govern action
    directed towards given ends (Boulding, 1958)
  • A statement that guides a course of action with respect to a particular problem
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2
Q

generally refers to the principles that govern action directed towards given ends (Boulding, 1958)

A

POLICY

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3
Q

A statement that guides a course of action with respect to a particular problem

A

POLICY

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4
Q

Three Main Elements of the Definition

A
  1. Problem
  2. Course of action
  3. Statement
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5
Q

needs a solution

could also mean a condition or situation

A

Problem

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6
Q

Three Main Elements of the Definition

Problem

A
  • needs a solution
  • could also mean a condition or situation
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7
Q

to be taken to address the problem

A

Course of action

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8
Q

Three Main Elements of the Definition

Course of action

A

to be taken to address the problem

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9
Q

guides the course of action

Need for statement implies that there is a will or intent to take the course of action

A

Statement

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9
Q

Three Main Elements of the Definition

Statement

A

guides the course of action

Need for statement implies that there is a will or intent to take the course of action

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10
Q

Must the statement be actually written?

A
  • Dominant way of looking at policies is that they are actually written
  • Policies are not necessarily written documents
  • Changing contexts such as space (location) and time have made it necessary to put things in writing
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11
Q

Must the statement be actually written?

Dominant way of looking at policies is that they are actually written

A

expressed in terms of laws, rules and regulations

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12
Q

Must the statement be actually written?

Policies are not necessarily written documents

A
  • Maybe reflected in personal principles, group norms, and community standards of behavior
  • Community norms and prohibitions are living policies
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13
Q

statements coming from legislative agencies

A

laws

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14
Q

laws

A

statements coming from legislative agencies

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15
Q

statements coming from executive agencies

A

Rules and regulations

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16
Q

Rules and regulations

A

statements coming from executive agencies

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17
Q

statements coming from the judiciary

A

Jurisprudence

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18
Q

Jurisprudence

A

statements coming from the judiciary

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19
Q

Interpretation of laws and Constitutions which become part of the bodies of standards upon which legality and constitutionality of actions are measured.

A

Jurisprudence

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20
Q

Jurisprudence meaning

A

Interpretation of laws and Constitutions which become part of the bodies of standards upon which legality and constitutionality of actions are measured.

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21
Q

What is the difference between policy, laws,
rules and regulations?

A

Laws – statements coming from legislative agencies

Rules and regulations – statements coming from executive
agencies

Jurisprudence – statements coming from the judiciary
- Interpretation of laws and Constitutions which become part of the bodies of standards upon which legality and constitutionality of actions are measured.

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22
Q

A policy on community-based resource management
(CBRM) can influence the formulation of law like
Sustainable Forest Management and Administrative
Order (DAO) that embodies the principles of CBFM

A

Policies can influence the formulation of laws, rules
and regulations, and jurisprudence

23
Q

Policies can influence the formulation of laws, rules
and regulations, and jurisprudence

A

A policy on community-based resource management
(CBRM) can influence the formulation of law like
Sustainable Forest Management and Administrative
Order (DAO) that embodies the principles of CBFM

24
The Protected Areas Systems and the policies that are embodied in them are codified in the NIPAS Act, a law passed by Congress. To implement it, a set of implementing rules and regulations are issued by DENR through an Administrative Order.
Policies can be expressed through laws, rules and regulations, and jurisprudence
25
Policies can be expressed through laws, rules and regulations, and jurisprudence
The Protected Areas Systems and the policies that are embodied in them are codified in the NIPAS Act, a law passed by Congress. To implement it, a set of implementing rules and regulations are issued by DENR through an Administrative Order.
26
- The existence of the Clean Air Act as a law has influenced many organizations to adopt a policy of recycling in their own agencies. - The Supreme Court ruling on the constitutionality of the IPRA law is now part of jurisprudence and a forceful affirmation of the rights of the IPs.
Laws, rules and regulations, and jurisprudence can influence the formulation of policies, in that they can mandate it
27
Laws, rules and regulations, and jurisprudence can influence the formulation of policies, in that they can mandate it
- The existence of the Clean Air Act as a law has influenced many organizations to adopt a policy of recycling in their own agencies. - The Supreme Court ruling on the constitutionality of the IPRA law is now part of jurisprudence and a forceful affirmation of the rights of the IPs.
28
Policy (5)
- Means to some end or ends - Effectiveness can only be judged in terms of those ends - Society should have a clear idea of the ends it wishes to attain through policies - Must understand the possible effects on these ends of the actions which it seeks to control through the policies - Hierarchy of policies as a result of chain of ends and means
29
Policy Objectives (2)
- Should be clearly stipulated to determine the desired ends - Conflicting objectives have to be resolved in the process of policy formation >> Seek best possible forms of resolution among conflicting objectives
30
Policy formation
the way policies take form or come into existence It involves things that happen before a society gets around to actually formulating a policy statement and the changes in policy that occur while the formal policy remain unchanged
31
the way policies take form or come into existence
Policy formation
32
It involves things that happen before a society gets around to actually formulating a policy statement and the changes in policy that occur while the formal policy remain unchanged
Policy formation
33
Policy Formation (2 -3)
- ordinarily involves many decisions by different people - effects accumulate and policy is formed and reformed in the process - usually a continuing process of further modifying policies which already exist -------------------------------- - process of preparing a systematic statement of the settled future course of action which the society has agreed to follow - process takes place in legislatures and administrative agencies but also in the rules and resolutions of committees of all sorts of organizations - Narrower than policy formation
34
Framework for the policy process (4)
1. Problem 2. Policy Formulation Phase 3. Policy Implementation Phase 4. Policy Monitoring and Evaluation Phase
35
Policy Formulation Phase (5)
1. Problem Recognition or Identification 2. Problem Analysis 3. Formulation of Policy Alternatives 4. Analysis of Policy Alternatives 5. Promulgation of Policy
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The LEGISLATIVE PROCESS
1st - 3rd Reading
37
1st - 3rd Reading
LEGISLATIVE PROCESS
38
Before 1st Reading
A bill introduced in the Senate is labeled as “Senate Bill/ Resolution” and assigned a number.
39
A bill introduced in the Senate is labeled as “Senate Bill/ Resolution” and assigned a number.
Before 1st Reading
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1st Reading
- Reading of Titles/ Authors - Referring to appropriate standing committees - Committee studies and recommends - If action is favorable, the Report is submitted to the Committee on Rules - If unfavorable, the Bill is laid on the table
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- Reading of Titles/ Authors - Referring to appropriate standing committees - Committee studies and recommends - If action is favorable, the Report is submitted to the Committee on Rules - If unfavorable, the Bill is laid on the table
1st Reading
42
2nd Reading
- Committee on Rules calendars bill for floor deliberation - Floor discussion / debates - Period of amendments - Voting
43
- Committee on Rules calendars bill for floor deliberation - Floor discussion / debates - Period of amendments - Voting
2nd Reading
44
3rd Reading
- Distribution of Bill in final form - Roll call vote
45
After 3rd Reading
- In case of conflicting provisions, an Ad Hoc Conference - Floor deliberation on Conference Committee Report - Voting PRESIDENTIAL ACTION
46
- In case of conflicting provisions, an Ad Hoc Conference - Floor deliberation on Conference Committee Report - Voting - PRESIDENTIAL ACTION >> Approve/vetoes - Failure to act within 30 days after receipt, bill lapses into law
After 3rd Reading
47
PRESIDENTIAL ACTION If vetos
Returns to originating House with explanation - accepts or - over-rides by 2/3 vote in both Houses
48
PARTS OF A BILL
1. EXPLANATORY NOTE 2. Section 1. - Short title of the bill (e.g. NIPAS Law) 3. Section 2. – Declaration of Policy 4. Section 3. – Definition of Terms 5. Section 4 – Body of the Bill
49
EXPLANATORY NOTE
- Rationale - Importance of the bill - Whereas...
50
Section 1.
Short title of the bill (e.g. NIPAS Law)
51
Section 2.
Declaration of Policy
52
Declaration of Policy
- States the legal basis of the policy being introduced - States the relevance of the law
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- States the legal basis of the policy being introduced - States the relevance of the law
Section 2. Declaration of Policy
54
Section 3.
Definition of Terms
55
Section 4
Body of the Bill
56
- General in nature, its specificity will be operationalized in the Implementing Rules & Regulations (details of the Act)
Section 4 – Body of the Bill

SFFG 125 (9 decks)

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