Presented by Dr. Drew Harris, UMDNJ in cooperation with Rutgers University, University of Medicine and Dentistry of NJ Supported by the NJ Department of Health and Senior Services

Governmental structure

Legislature — enacts laws

• Senate
• Assembly

Executive Branch — carries out laws

• Governor
• State agencies

Judiciary — final authority on meaning and constitutionality of laws

• Supreme Court
• Lower courts

The government of the State of New Jersey, like that of the United States, is divided into three coequal branches: the legislative, the executive, and the judicial. The principal function of the Legislature is to enact laws. The Executive Branch (the Governor and State agencies) carries out the programs established by law. The Judiciary (the Supreme Court and lower courts) punishes violators, settles controversies and disputes, and is the final authority on the meaning and constitutionality of laws. The Legislature consists of two Houses: a 40-member Senate and an 80-member General Assembly. The Senate and Assembly chambers are located in the State House in Trenton.

Types of law

Federal and State Constitutions

• Powers not bestowed on the federal government.
• reserved by (devolve to) the states

State Statutes

• Legislatively derived
• Title 26, NJ Statutes Annotated (NJSA)

Administrative Code

• (state agency law) — (NJAC) A regulation or rule having the effect of law and promulgated by an agency to make a law specific. Such regulations are subject to Legislative approval prior to enactment.

Local and County Ordinances

• Laws passed on a local level of country, state, or city governments

Case (Judicial or Common) Law

• made on the basis of other cases (interpretations of prior law) or
• common law (commonly accepted legal principles that can date back centuries)

It is important to understand the legal framework that governs public health regulations. Departmental regulations are built upon state statutes which, in turn, derive from state and federal constitutions. In areas where there is no clear law, courts must decide. These decisions are made on the basis of other cases (interpretations of prior law) or common law (commonly accepted legal principles that can date back centuries).

Local jurisdictions are allowed to pass ordinances that are not expressly prohibited by state or federal law or are not in direct conflict. e.g. A town could pass an ordinance that bans smoking in all public places if no state or federal law preempts. The state, on the other hand, can pass a law that only bans smoking in some places and specifically overrides any more stringent local ordinance. This is called "preemption." If the community's law bans all smoking — even in private homes — then people could challenge the law in court as an unreasonable restriction of freedom as protected by the constitution.