Incremental Model
In the incremental model of policy making, “or glorified ‘muddling through’,”
decision
makers
are
very
confined
in
their
consideration.
290
Policy makers
“consider only the close neighbours of existing policies, rather than more radical
replacements”.
291
This
is
frequently
used
in government decision making, and is
also the policy model for making common law.
292
Mixed Scanning
Mixed
scanning,
293
occupies
a
middle
position.
It
is
wider
than
the
incremental
model but not as wide as the rational or synoptic approach. Here “some pockets
of
existing
policy
may
be
isolated
for
sustained
[and
comprehensive]
analysis,
while
the
bulk
of
the
area
is
dealt
with
by
the
‘incremental approach’ in order to
deal expeditiously with most potential issues”.
294
Location of Policy
In approaching policy for making law in this way we make an assumption that
the relevant policy is squarely located within one statute. Often this will be the
case and, in any event, making this assumption simplifies our explanation.
However, it needs to be pointed out that the full policy may be implemented
by two or more statutes, and that statute law may operate along with other
government
action to implement a policy. Thus a statute may
constitute
anything
from
the
sole
or
principal
policy
tool
to
a
mere
ancillary
one;
it
may
operate directly and immediately, or remotely and obliquely, and it may be used as
a
simple tool or it may be part of an intricate social arrangement.
295
Making Law
You change your laws so fast and without inquiring after results past or
present that it is all experiment, seesaw, doctrinaire; a shuttlecock between
battledores.
296
Legislatures make statute law. Courts make common law although discussion
largely focuses on statute law since statutes are made in abundance while
courts do not often make new common law rules.
Step 1: Identifying the Options
Options before a legislature consist of all the possible versions of a statute on
a topic and the effect that each will cause. Versions of a statute can be labelled
___________________
290
Carney (1991) p 115
291
Carney (1991) p 115
292
Diver (1981)
293
Etzioni (1967)
294
Carney (1991) p 115
295
Wilson (1974)
296
Florence Nightingale admonition to the English Parliament
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