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行政統制 : 美國議會의 對 行政府統制 with Emphasis on Legislative Control of the Executive in the United States
鄭東根 明知大學校 行政學會 1985 명지행정 Vol.5 No.-
In modern administrative states, the executive power has greatly increased as a result of the expansion of social welfare programs and due to the emphasis on expertness and specialization of functions both in quality and quantity. Now the chances for infringement on individual liberty and rights are greater than ever before. In the United States its executives is controlled with various methods so that it may prevent them from executive self-righteousness and abusement of the executive power, and, at the same time, ensure the citizen's rights and liberty. The political system and political culture of the United States are characterized as follows: She has adopted separation of powers principle to limit the governmental power, the written constitution, the bicameral system, and running of Congress on the basis of committed system, two-party system, and independence of the judiciary. She also has established the freedom of press and institutionalized peaceful transfer of power. The legislature controls the executive by means of exercising law-making power and financial power. However, the most important means of legislative control on the executive is committee hearings and investigating committees of the legislature. This is exercised by the relevant standing committees (or sub-committees), or special committees to investigate the matters in question. The hearing and investigating power of the legislature has been frequently and effectively exercised. Impeachment power of the legislature including quasi-judicial function is another method of legislative control on the executive. It is intended to punish the president and other high-ranking federal government officials who have violated laws. The consent by the Senate for presidential appointment is another means of legislative control. To conclude, although the executive power has greatly increased in the United States, in comparision with the past, the balance of power between the legislature and the executive still exists. The legislature has effectively controlled and supervised the executive. In the United States, therefore, executive self-righteousness and abuse of the executive power, are not easy, and, at the same time, the citizen's rights and liberty have been firmly protected.