The Enactment of Law is a Political Process
The Promulgation of Regulations is Largely Political in Nature, but
Regulatory v. Political Processes
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
• 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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