Zagreb Law Review, Vol. 4 No. 2, 2015.
Review article
Democratic Legitimacy of Politically Unaccountable Administrative Authorities in Comparative Constitutional Law
Josip Vučković
Abstract
In addition to the fundamental constitutional principles of the rule of law and separation of powers, the principle of collective and individual ministerial responsibility is the guarantee of the democratic legitimacy of administration that lies in the unbroken chains of delegation and accountability from voters to Parliament, from Parliament to the minister, and from the minister through all levels of administration, to the level closest to citizens. This paper examines the theoretical constructions of the democratic legitimacy of independent regulatory authorities from the constitutionalist point of view, with particular reference to the principle of ministerial responsibility. It further discusses comparative examples from European countries where the independence of the regulatory authorities does not violate fundamental constitutional principles. In conclusion, this paper seeks to determine the extent to which formally established political independence guarantees such independence in the material sense, bearing in mind some of the most influential theories on the purpose of the establishment of independent regulatory authorities
Keywords
independent regulatory agencies; political accountability; democratic legitimacy; ministerial responsibility; constitutional law
Hrčak ID:
159396
URI
Publication date:
29.11.2015.
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