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Law and Public Policies

Objectives

The course of Law and Public Policies aims to provide students with a profound understanding of the intersection between Law and Public Policies. Students will explore how Law plays a fundamental role in the formulation, implementation, and evaluation of public policies, and how public policies, in turn, shape the legal environment in which we operate. Additionally, students will be equipped to analyze the stages of the public policy-making process, understanding the phases of formulation, implementation, and evaluation, identifying the actors involved, and critically examining the strategies employed.



The course also allows students to explore various thematic areas of Law and Public Policies, such as constitutional rights, administrative law, economic law, environmental law, and social law. They will comprehend how these areas relate to public policies and how Law shapes governmental actions in these spheres. Furthermore, students will develop analytical and critical skills, being challenged to analyze concrete cases, examine relevant legal decisions, and assess the effectiveness of public policies. They will be encouraged to formulate well-founded arguments, both in written form and through classroom discussions, on complex issues related to Law and Public Policies.



Ultimately, the course aims to prepare students to engage in an informed and effective manner in the field of Law and Public Policies. By acquiring solid knowledge, analytical and critical skills, and a comprehensive understanding of the complexities within this area, students will be prepared to tackle the challenges that arise in the formulation, implementation, and evaluation of public policies, both in the public and private sectors. This includes the systematization of legal knowledge and corresponding approaches, an in-depth exploration of the bibliography on public policies, and the development of a legal approach towards specific public policies, such as healthcare, education and urban planning.



Students will be required to consume and critically engage with the academic literature, identifying the implicit assumptions, veiled ideology, or measurement choices that drive different policy choices. By the end of this course, students are expected to be able to: • Understand the importance and implications of law for public policies • Participate in and contribute to the process of formulating public policies • Analyze, synthesize, and think critically about public policy problems from legal perspectives • Articulate and apply legal principles to analyze public policy issues.


General characterization

Code

33271

Credits

4

Responsible teacher

Adolfo Mesquita Nunes

Hours

Weekly - Available soon

Total - 0

Teaching language

Available soon

Prerequisites

Not Applicable

Bibliography

Not Applicable

Teaching method

To put theory into practice, students will work in small teams to conceptualize their own policy analysis on a topic of their choosing and also to simulate the formulation of public policies. Policy analyses will be presented during course and should stimulate a thoughtful and informed debate about the challenges of the policy area.


Evaluation method

1. Final examination (40% of the grade).

2. Participation (30%)

- Class participation

- Participation in the practical sessions of negotiation of a piece of legislation (carried out in groups. The simulation will take place over two lessons and will simulate the negotiation of a piece of legislation in its drafting and approval phase).

- Participation in the practical session on policy paper (This will take place in groups. Each group will prepare slides for oral presentation. The presentation should include: problem definition, summary of literature findings, presentation of policy options and recommendations. Groups should also provide appropriate responses to questions from the class).

3. Policy paper (30%): This is done individually. Must include: problem definition, summary of literature findings, presentation of policy options and recommendations as taught in the practical session.


Subject matter

1.    Law and Public Policies

Concept of public policy. Origins of public policy in the welfare state and its evolution until today. Juxtaposition between public policy and law. The influence of public policy on law and administrative organization.



2.    Public Policy

Conceptual and theoretical notions about Public Policy. Model sequential or policy cycle (Policy Cycle). Multiple Streams Framework. The Punctuated Equilibrium Theory The Advocacy Coalition Framework (ACF).



3.    Foundation and role of the State

Public interest and public policies. Nature and limits of state intervention: theories of Public Choices. National States, European integration and globalization. Digital transformation and public policies. Third Sector, Public Sector and Private Sector: Consortia, Concessions, Partnerships around Public Policies. Social Participation, external control, accountability and transparency.



4.    Political Process of Decision

Public Policy as a process: actors, formation of the agenda, formulation of alternatives, decision-making, implementation, evaluation, termination. The basic principles and challenges of agenda setting, public policy formulation, decision making and implementation of public policies.



5.    Decision Theory

The problems of decision. Cognitive biases. Nudge. Drivers and barriers to reforms. Strategies for approval and maintenance of reforms.



6.    Political decision process: Policy Paper

Purpose. Purpose. How to do. Practical session.



7.    Political decision-making process: in particular the legislative procedure

The parliamentary legislative procedure. The political-parliamentary practice. Political parties and their behaviour in the legislative arena. The fragmentation of parliament and the formation of coalitions. Governmental legislative procedure. Intra-governmental tensions and contradictions.



8.    Arbitration and regulatory entrepreneurship

Defending and representing interests in public spaces: politics, business and society. Areas of action in public affairs: political and social influence, regulatory incidence, institutional relations and business diplomacy. Regulatory entrepreneurship in the digital economy. Institutional relations and regulatory incidence. Legislative, executive and regulatory authorities. The impact of public decisions on private companies.



9.    Practical session of legislative negotiation.

Simulation.



10.    Practical session of negotiation of legislation.

Simulation.



11.    Control of public policies.

Judicial control. Administrative and constitutional litigation. Regulatory Bodies. Court of Auditors. Judicial activism.  



12.    Public policies: Tourism, mobility, housing and cities

Discussion of practical cases and simulation. With guest.