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@article{ART001373385},
author={이동수},
title={Legislative and Judicial Functions of Agency in American Administrative Law},
journal={Public Land Law Review},
issn={1226-251X},
year={2009},
volume={45},
pages={433-454}

TY - JOUR
AU - 이동수
TI - Legislative and Judicial Functions of Agency in American Administrative Law
JO - Public Land Law Review
PY - 2009
VL - 45
IS - null
PB - Korean Public Land Law Association
SP - 433
EP - 454
SN - 1226-251X
AB - Today, most agencies implement their mandates using both rulemaking and adjudication, although some use more of one the other. This combination of methods might raise issues of separation of powers if found in courts and legislatures, but the combination is essential for modern agencies to carry out the responsibilities assigned to them. There are two approaches that can be used in examining the practices regarding administrative agencies and comparing them to courts and legislatures. First, one can look at an agency that is issuing a rule and ask why the additional requirements of §553 were imposed, instead of allowing the agency to do what a legislature would do in enacting a statute that might closely resemble the agency's rule. Second, one can examine the question from the congressional perspective. Thus, because agencies function differently from Court, some of the judicial checks, such as strict on the record proceedings or complete separation of functions, will not be workable in an agency. Therefore, to both agency level, it is necessary to adopt additional agency procedure to assure that the essence of a neutral judiciary is protected at the administrative level without losing the advantages of having an entity that makes policy, enforces policy, and decides wether third parties have complied with that policy.
KW - 행정기관(agency);규칙제정(rulemaking);재결(adjudication);청문 및 결정절차(hearing and decision);혼합형규칙제정절차(hybrid rulemaking procedure);행정법심판관(administrative law judge)
DO -
UR -
ER -

이동수. (2009). Legislative and Judicial Functions of Agency in American Administrative Law. Public Land Law Review, 45, 433-454.

이동수. 2009, "Legislative and Judicial Functions of Agency in American Administrative Law", Public Land Law Review, vol.45, pp.433-454.

이동수 "Legislative and Judicial Functions of Agency in American Administrative Law" Public Land Law Review 45 pp.433-454 (2009) : 433.

이동수. Legislative and Judicial Functions of Agency in American Administrative Law. 2009; 45 433-454.

이동수. "Legislative and Judicial Functions of Agency in American Administrative Law" Public Land Law Review 45(2009) : 433-454.

이동수. Legislative and Judicial Functions of Agency in American Administrative Law. Public Land Law Review, 45, 433-454.

이동수. Legislative and Judicial Functions of Agency in American Administrative Law. Public Land Law Review. 2009; 45 433-454.

이동수. Legislative and Judicial Functions of Agency in American Administrative Law. 2009; 45 433-454.

이동수. "Legislative and Judicial Functions of Agency in American Administrative Law" Public Land Law Review 45(2009) : 433-454.