'Law but not law': explaining unenacted policy as a type of policy failure

Catherine Needham*, Emily Burn

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

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Abstract

This article explores unenacted policy – where legislation is passed but the policy is not implemented. It argues that this should be seen as a form of policy failure and that this has been underexplored to date. It tackles the puzzle of explaining why governments would go to all the trouble of passing legislation without then moving to enact the law. The article draws on the recent example of long-term care funding reform in England, which has twice been passed into legislation but not enacted. It develops theoretical insights around non-enactment and argues that the literature on policy failure should incorporate non-enactment, as this work disrupts existing claims that governments will tend to stick with legislated commitments for as long as possible. In a context in which the reputational risks of implementation are constantly recalibrated against the risks of abandonment, we see governments pursuing a deliberate ‘policy mortality’. Killing off policy prior to implementation can be seen as a tactical approach to major welfare issues, shifting blame to local actors and creating a narrative of fatalism.
Original languageEnglish
JournalPolicy and politics
Early online date3 Jan 2025
DOIs
Publication statusE-pub ahead of print - 3 Jan 2025

Keywords

  • policy failure
  • policy inaction
  • long-term care
  • policy mix
  • disability
  • ageing
  • UK
  • unenacted policy

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