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A Study of the notion and legal position of Independent Regulatory Agency in U.S.A.

  • Public Land Law Review
  • Abbr : KPLLR
  • 2014, 65(), pp.255-292
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

황의관 1

1한성대학교

Accredited

ABSTRACT

There are many volumes to have been written-both by commentators and courts-about the so-called independent regulatory agencies. The most of these articles have regarded the independent regulatory agencies as distinct from executive agencies and constitutionally insulated from presidential influence. However few have taken the time to ask even the most basic question: What features make an agencies independent as opposed to executive? This article is to review the notion and feature of independent regulatory agencies by applying positive verification methodology. In order to verify the notion and characteristics of the so-called independent regulatory agencies, this article is to systematically survey the administrative agencies for a broad set of indicia of independence-“removal protection provision”, “multi-member structure”, “partisan balance requirement”, “budget and congressional communication authority”, “litigation authority”, and “adjudication authority”-to review that issues. It also examines functional differences between independent and executive agencies. As systematical analysis turns out, there is no single feature, structural characteristics that every agency commonly thought of as independent shares, not even the for-cause removal protection provision commonly associated with independency. Therefore, this article reject the binary distinction between independent and executive agencies. Instead all agencies should be regarded as executive agencies and seen as falling on a spectrum from more independent to less independent. From this new view and understanding of independent regulatory agency, this article is to research the legal position of commonly independent agency and review the issues associated with that agencies.

Citation status

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