KJCKorea
Journal Central

@article{ART001876933},
author={황의관},
title={A Study of the notion and legal position of Independent Regulatory Agency in U.S.A.},
journal={Public Land Law Review},
issn={1226-251X},
year={2014},
volume={65},
pages={255-292}

TY - JOUR
AU - 황의관
TI - A Study of the notion and legal position of Independent Regulatory Agency in U.S.A.
JO - Public Land Law Review
PY - 2014
VL - 65
IS - null
PB - Korean Public Land Law Association
SP - 255
EP - 292
SN - 1226-251X
AB - 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.
KW - independent regulatory agency;executive agency;removal protection provision;multi-member structure;partisan balance requirement;adjudication authority
DO -
UR -
ER -

황의관. (2014). A Study of the notion and legal position of Independent Regulatory Agency in U.S.A.. Public Land Law Review, 65, 255-292.

황의관. 2014, "A Study of the notion and legal position of Independent Regulatory Agency in U.S.A.", Public Land Law Review, vol.65, pp.255-292.

황의관 "A Study of the notion and legal position of Independent Regulatory Agency in U.S.A." Public Land Law Review 65 pp.255-292 (2014) : 255.

황의관. A Study of the notion and legal position of Independent Regulatory Agency in U.S.A.. 2014; 65 255-292.

황의관. "A Study of the notion and legal position of Independent Regulatory Agency in U.S.A." Public Land Law Review 65(2014) : 255-292.

황의관. A Study of the notion and legal position of Independent Regulatory Agency in U.S.A.. Public Land Law Review, 65, 255-292.

황의관. A Study of the notion and legal position of Independent Regulatory Agency in U.S.A.. Public Land Law Review. 2014; 65 255-292.

황의관. A Study of the notion and legal position of Independent Regulatory Agency in U.S.A.. 2014; 65 255-292.

황의관. "A Study of the notion and legal position of Independent Regulatory Agency in U.S.A." Public Land Law Review 65(2014) : 255-292.