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The Interaction between Administrative Law and Governmental Agencies and Departments

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1- Define and distinguish the accountability difference between an executive department and an independent regulatory commission (IRC). Why create an IRC?

2- Explain the difference between an independent agency in the executive branch and an independent regulatory commission, in terms of their independence from the executive branch and to whom they are accountable. -

3- Explain what is meant by the phrase "third party government" and how it differs from the traditional way of delivering public services.

4. Explain the value of administrative law as a guardian against agency arbitrariness as well as a means of empowerment of administrative government.

Define and distinguish between regulatory law and administrative law

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This solution describes the interaction between administrative law and governmental agencies and departments.

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1) One the chief accountability differences between an executive department and an independent regulatory commission is the fact that executive departments are under much more control by the president than independent regulatory commissions. This makes the leadership or secretaries of each of the executive departments accountable to the president for their activities, which are often initiated by the president, and delegated, to the differing secretaries of the differing departments to achieve some objective or goal. In essence, each of the differing departments within the federal government serves as key components that make up the executive body of government. In addition to being accountable to the president, these executive department heads also provide advice to the president in respect to decisions that are made concerning subject matter that is influenced or controlled by their particular departments. This example of executive accountability also applies at the state level in many respects. In addition to these accountability differences, an independent regulatory commission is much less controlled by the president, which is largely due to the fact that the president does not have a great deal of power in being able to eliminate agency members. This makes these commissions, as accountable to Congress as they are to the president, largely due to the fact that Congress can establish these commissions, as well as to provide the designation status of these commissions. But due to the fact that both the executive departments and the independent regulatory commissions ...

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Marcel Parker, MPA
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  • Criminal Justice, Elizabeth City State University
  • Master of Public Administration, North Carolina Central University
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