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The best argument for this is the "separation of powers" one.

In the system of Thursday, regulatory agencies can be "both judge, jury and executioner", ordering people to do whatever they want, since that's how they choose to interpret their mandate.

Power like this can and will be abused, even if it's true that the agency has the best expertise in the area.

It also makes it very dangerous for those who are abused to complain publicly, since they can arbitrarily be found in violation of the law as retribution.

This is no way to live, and the system of Monday should be better, even if it may be confused and cumbersome for a few years.



Power like this can and will be abused

Compare and contrast judicial shopping, eg patent disputes filed in the Eastern District of Texas.


The solution to both problems is law, and the rule thereof.




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