11/12/21
The Enactment of Law is a Political Process The Promulgation of Regulations is Largely Political in Nature, but The Implementation and Enforcement of the Law is a Regulatory Process Hence the Concept of Independence is much stronger in the Context of Implementation and Enforcement than in the Context of Rulemaking
Regulatory v. Political Processes
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The Legislature Enacts the Law through the Political Process Establishing the “Independent Regulatory Agency” Specifying the Functions, Duties, and Responsibilities of the Agency Delegating the Agency the Necessary Authority to Implement and Enforce the Law Imposing Standards for Agency Conduct Providing for Agency Oversight
How is the Framework Supposed to Work?
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