Civic · 6 pages · 12 min
Why a mandate is a law not a mechanism
A mandate is a legal duty with a consequence, not the physical process the duty hopes to trigger.
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From the opening
A mandate is a rule that requires a person or an organization to do something, and that attaches a legal consequence when they do not. The mechanism, if there is one, is whatever physical or biological process the required act is supposed to set in motion. The opening covers a duty plus a consequence, compliance is not the mechanism, and exemptions are part of the rule.
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Inside
- A duty plus a consequence
- Compliance is not the mechanism
- Exemptions are part of the rule
- Enforcement only checks the act
- Where the idea stops applying
- A distinction worth keeping
Sources
- Legal mandate versus physical mechanism
- Public health police power