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The Case for Independence • When politically unpopular decisions are made, those aggrieved by such decisions often resort to political tactics and seek to bring political pressure on the agency. • The principle of independence is intended to shield both political and regulator officials from these situations in order to ensure that regulatory objectives are not undermined by political considerations.
Regulatory v. Political Processes • 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
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