The U.S. Constitution established an administration based on the principle of separation of powers, checks and balances, but the constitutionalists could not predict the widespread administration or bureaucracy that began to develop in the late 19th c...
The U.S. Constitution established an administration based on the principle of separation of powers, checks and balances, but the constitutionalists could not predict the widespread administration or bureaucracy that began to develop in the late 19th century. They understood administration as a simple execution of administrative matters and planned the principle of strict separation of powers that did not recognize the involvement of legislative or judicial powers. Thus, Article 2 of the American Constitution only granted pure administrative power, such as giving the President an obligation to faithfully enforce the law. In particular, in new economic problems, Congress or courts have devised a system that can be independent of the administration and exercise legislative and judicial power at the same time to recognize the limitations of its function and devise effective solutions, which is the Independent Regulatory Commission.
The Independent Regulatory Commission began to appear in the late 19th century and increased rapidly in the 20th century. Starting with the Interstate Trade Commission in 1887, the Federal Communications Commission in 1906, the Federal Reserve in 1913, the Federal Trade Commission in 1934, the Securities and Exchange Commission in 1935, and the Environmental Protection Agency in 1938 were established.
Independent regulatory committees can be divided into two types depending on their function and authority. The first type is the Industrial Regulatory Commission, which is in charge of regulating specific industries or sectors. Representative examples include the Interstate Trade Commission, the Federal Communications Commission, and the Securities and Exchange Commission. The second type is the Public Policy Committee, which is responsible for regulation to protect the public interest. Representative examples include the Environmental Protection Agency.
The Independent Regulatory Commission is also criticized for violating the principle of separation of powers in that it exercises some of the legislative, judicial, and administrative powers. However, the Independent Regulatory Commission is recognized for its necessity in that it is a necessary system to efficiently solve new economic problems. However, the Independent Regulatory Commission is sometimes criticized as follows. First, it is pointed out that the independent regulatory committee should maintain political neutrality, but in reality, the goal of regulation can be distorted by pressure from regulated industries or stakeholders. Second, it is pointed out that the regulation of the Independent Regulatory Commission can be complex and inefficient, which can incur social costs. Third, it is pointed out that since the Independent Regulatory Commission exercises some of its legislative, judicial, and administrative powers, its power may be concentrated, causing damage to democracy.
The Independent Regulatory Commission is an organization that plays an important role among the administrative agencies of the US government. The Independent Regulatory Commission is playing an important role in terms of market competition, efficiency improvement, and protection of public interests. The Independent Regulatory Commission consists of members appointed by the President's Senate. The term of office of the members shall be five years, and the chairperson shall be elected from among the members. The Independent Regulatory Commission exercises the following powers. First, the Independent Regulatory Commission can make rules based on laws. Second, the Independent Regulatory Commission can decide disputes between regulated industries or stakeholders.