Administrative Law and Regulatory Processes

The federal state constitution has set up various independent regulatory commissions which are established to regulate and decide on important areas of the nation’s economy.

According to Horn (2003), the regulatory commissions are also referred to as the quasi-legislative groups, and they operate independently with no presidential control.  Members of the regulatory commissions are appointed to their various offices by the president, and are given the approval by the senate either for staggered periods or for long terms.  The president cannot remove a head of an independent commission at will.

Members who are appointed to work in the various independent commissions must have had appropriated experience working in the same industry.  The commissions should also have members from both parties and no member can be stopped from serving in the regulatory commission due to political factors.

When a regulatory commission concentrates on the protection of the interests of a specific industry, such a commission is said to be’ captured’ because it protects and represents only the interest of the industry, as opposed to the protection of the public interest.  The objective of any independent and regulatory commission should be to protect and represent the interest of the public.

Quasi-legislative and Quasi- judicial Functions

The regulatory commissions that are established as independent have both the quasi-judicial and the quasi-legislative functions, which they carry out in the discharge of their responsibilities.  Mayne & Martin (2004) observed that, the quasi-legislative functions are exercised where the commission is required to take part in the rule making, and in the carrying out of their regulatory functions.

  In the carrying out of this duty, there should be the force of law whereby, when a decision is made by the commission, it becomes legally binding and anyone who does not a bid by the rule is subject to a judicial sanction.

According to Mayne & Martin (2004), the powers of the quasi judicial functions have been exercised in situations where disputes need to be settled in various incidents where the congress may have been involved in the giving of policing authority such as, in the business field, where the commission may have been making decisions which may be viewed as suitable for the development of commerce.

For instance, there is a commission on Interstate Commerce which deals with matters of economy in the state.

The regulatory commissions have the three major powers which include the legislative, judicial and the executive powers.  Unlike other that are subject to the rule which demands for power separation, this rule does not apply to the regulatory commissions.

There has been so much controversy concerning the powers given to the independent regulatory commissions, and these powers have been reduced every now and then especially during the leadership of president Bush and Reagan.

Horn (2003) observed that, there has been a tremendous effort by the congress to protect the regulatory agencies from any political influence.  The congress does this by demanding that, every agency should be led by commissioners who are active in the two major political movements.