The Police Power in Domestic and International Governance - Essay Example

The relationship between law and policy within modern democratic societies has been the topic of several types of research and it is important to recognize that each in some way determines the other, although both are independent of each other. One may realize the law as a set of rules with which the society operates and it is the law that determines a society. Society needs the police, along with the law, as a means of enforcing the law. "Police in modern society have not only lawful authority to enforce the law, but a virtual monopoly in enforcing the law.

Three factors combine to render the police the most effective means of control in society: the lawful power of the police; the structured, organized nature of the police organization; and the fact that no other entity in the state has anything like the same general powers." (Edwards, 2005, p 6). It is important to realize that the relationship between law and policy is complex and there is tension between the law and the police on the enforcement of law and order in a society. Significantly, the relationship between law and policy is complex mainly due to the fact that the police need to enforce the law as it is and it is obviously required to use only those powers as granted under the law so to do.

"Historically, the relationship between the police and the court has been strained." (Dantzker, 2005, p 49). The tension between the law and the police is because of the fact that the police work is largely discretionary. Although the law offers police various types of powers, it does not make the exercise of these powers mandatory. "The relationship between police and the law, where police must work within the law and under the law in order to uphold the law is sometimes uneasy." (Edwards, 2005, p 7).

Therefore, the tension between the law and the police is due to the nature of the police work and the enforcement of the law. "To understand the tension between 'law' and 'police' requires abandoning a merely 'negative' idea of police." (Dubber and Valverde, 2006, p 210. There are various challenges encountering police in their efforts to enforce the law. "The first challenge in responding to repeat victimization is effective leadership within the police force." (Commonwealth Secretariat, 2000, p 27).

Thus, the tension between the two entities, i.e. the law and the police, can be reduced only through effective leadership within the police force in the enforcement of the law.