Separation of powers and agency independence
Concepts Overview
Separation of Powers
This principle divides government responsibilities into three branches: Legislative (makes laws), Executive (implements laws), and Judiciary (interprets laws). The idea is to prevent concentration of power and provide checks and balances.
Agency Independence
Many governments create independent administrative agencies to carry out specific regulatory or enforcement functions without direct political interference. The degree of their independence from the executive or legislature is often legally contested.
Detailed Case Explanations on Separation of Powers and Agency Independence
1. United States: INS v. Chadha (1983)
Issue: Whether the legislative veto, where Congress could overturn executive actions without following the usual legislative process, violated separation of powers.
Facts: The Immigration and Nationality Act allowed either house of Congress to veto a decision by the Attorney General to suspend deportation.
Holding: The Supreme Court ruled the legislative veto unconstitutional because it bypassed bicameralism and presentment (Article I requirements), infringing on executive authority.
Significance: Reinforced that Congress cannot unilaterally interfere with executive decisions without following constitutional legislative procedures. Upheld strict separation of powers.
2. United States: Free Enterprise Fund v. Public Company Accounting Oversight Board (2010)
Issue: The constitutionality of the PCAOB’s structure, which had protections against removal by the President except for cause, raising separation of powers concerns.
Facts: The PCAOB is an agency that oversees auditors of public companies, with members insulated from presidential removal.
Holding: The Court held that dual layers of protection against removal (PCAOB members removable only for cause by SEC commissioners, who in turn are removable only for cause by the President) violated the separation of powers by restricting executive control excessively.
Significance: Limited agency independence by emphasizing the President’s control over executive officers, reaffirming executive supremacy in administration.
3. United Kingdom: R (Miller) v. Secretary of State for Exiting the European Union (2017)
Issue: The scope of executive power to trigger Article 50 (to leave the EU) without parliamentary approval.
Facts: The government attempted to trigger Brexit through executive prerogative powers.
Holding: The Supreme Court ruled that executive action could not alter domestic rights without an act of Parliament.
Significance: Reinforced parliamentary sovereignty and separation of powers by limiting executive overreach, requiring legislative involvement in major constitutional decisions.
4. India: K. S. Puttaswamy (Privacy) v. Union of India (2017)
Issue: Independence of the judiciary in protecting fundamental rights.
Facts: The case involved the right to privacy and whether government surveillance laws violated this right.
Holding: The Supreme Court emphasized the judiciary’s role as an independent protector against encroachments by the executive and legislature.
Significance: Showed the judiciary as an independent branch ensuring checks on executive and legislative powers, vital for separation of powers.
5. United States: Humphrey’s Executor v. United States (1935)
Issue: Whether the President can remove members of independent regulatory commissions at will.
Facts: President Roosevelt tried to remove a member of the Federal Trade Commission (FTC) for political reasons.
Holding: The Supreme Court held that Congress can limit the President’s removal power for officials of independent agencies performing quasi-legislative and quasi-judicial functions.
Significance: Affirmed agency independence within separation of powers by protecting certain officials from arbitrary executive removal.
6. Canada: Reference re Secession of Quebec (1998)
Issue: Whether the executive can unilaterally decide to secede Quebec without parliamentary approval.
Facts: Quebec’s desire to secede raised questions about constitutional powers.
Holding: The Supreme Court ruled unilateral secession was not legal under Canadian or international law and that the federal government and legislature have key roles.
Significance: Upheld the constitutional role of multiple branches, confirming separation of powers and rule of law.
7. Australia: Plaintiff M70/2011 v Minister for Immigration and Citizenship (2011)
Issue: Whether the executive’s power to send asylum seekers to another country could be exercised without Parliament’s explicit approval.
Facts: The government entered an agreement with Malaysia for offshore processing.
Holding: The High Court ruled the executive must comply with statutory limits, and could not override fundamental legal protections without Parliament.
Significance: Reinforced parliamentary supremacy and limits on executive discretion.
Summary of Key Principles from Cases
| Case | Jurisdiction | Principle Established | Impact on Separation of Powers & Agency Independence |
|---|---|---|---|
| INS v. Chadha | USA | Legislative veto violates separation of powers | Legislative cannot override executive without proper process |
| Free Enterprise Fund v. PCAOB | USA | Limits on removal protections for agency members | Executive must retain control over administrative agencies |
| R (Miller) v. Brexit Secretary | UK | Executive cannot alter rights without Parliament | Parliamentary sovereignty checked executive overreach |
| K. S. Puttaswamy v. India | India | Judiciary’s independent role to protect rights | Courts as independent check on executive and legislature |
| Humphrey’s Executor v. USA | USA | President’s removal power limited for independent agencies | Recognition of agency independence within separation |
| Reference re Secession of Quebec | Canada | Unilateral secession invalid, legislature and executive roles affirmed | Constitutional balance between branches |
| Plaintiff M70 v. Australia | Australia | Executive powers limited by statute and Parliament | Parliamentary supremacy and rule of law emphasized |
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