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Political Insulation, Technical Expertise and the Technocrat’s Paradox

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  • Pardow Diego G.

    (Facultad de Derecho, Universidad de Chile, Pío Nono 1, Providencia, Santiago, Region Metropolitana 7520421, Chile)

Abstract

It is generally assumed that independent agencies reflect the Congress’ willingness to deal with two different sources of risk that complement each other: political uncertainty regarding the policy implemented, and technical uncertainty regarding the outcome that would be achieved with that policy. This paper claims that such complementariness is true only when the Congress is expecting to capture the benefits of a sound technical decision. If this is not the case, for example when there is a large possibility of a political turnover in the near future, institutional design should follow a dynamic of entrenchment. Here politics and expertise substitute each other, thus reducing the optimal choice of agency independence. This paper illustrates these ideas by comparing the two waves of institutional reforms that occurred in Chile in the 1920’s and the 1980’s. The variance in the level of insulation achieved by each process responds to a key political difference: the first one was conducted through a democratic consensus that was meant to last several decades, whereas the second one was conducted during an authoritarian regime aware that its tenure in power was coming to an end.

Suggested Citation

  • Pardow Diego G., 2020. "Political Insulation, Technical Expertise and the Technocrat’s Paradox," Review of Law & Economics, De Gruyter, vol. 16(1), pages 1-21, March.
    • Handle: RePEc:bpj:rlecon:v:16:y:2020:i:1:p:21:n:1
    DOI: 10.1515/rle-2016-0056
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    References listed on IDEAS

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    1. Fiorina, Morris P & Noll, Roger G, 1978. "Voters, Legislators and Bureaucracy: Institutional Design in the Public Sector," American Economic Review, American Economic Association, vol. 68(2), pages 256-260, May.
    2. Bawn, Kathleen, 1995. "Political Control Versus Expertise: Congressional Choices about Administrative Procedures," American Political Science Review, Cambridge University Press, vol. 89(1), pages 62-73, March.
    3. repec:ner:ucllon:http://discovery.ucl.ac.uk/17678/ is not listed on IDEAS
    4. Fiorina, Morris P, 1986. "Legislator Uncertainty, Legislative Control, and the Delegation of Legislative Power," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 2(1), pages 33-51, Spring.
    5. Sebastian Edwards, 1998. "The Chilean Pension Reform: A Pioneering Program," NBER Chapters, in: Privatizing Social Security, pages 33-62, National Bureau of Economic Research, Inc.
    6. Mathias Dewatripont & Jean Tirole, 1994. "The prudential regulation of banks," ULB Institutional Repository 2013/9539, ULB -- Universite Libre de Bruxelles.
    7. Aghion, Philippe & Tirole, Jean, 1997. "Formal and Real Authority in Organizations," Journal of Political Economy, University of Chicago Press, vol. 105(1), pages 1-29, February.
    8. Oliver Hart & Andrei Shleifer & Robert W. Vishny, 1997. "The Proper Scope of Government: Theory and an Application to Prisons," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 112(4), pages 1127-1161.
    9. Matthew C. Stephenson, 2007. "Bureaucratic Decision Costs and Endogenous Agency Expertise," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 23(2), pages 469-498, June.
    10. Macey, Jonathan R, 1992. "Organizational Design and Political Control of Administrative Agencies," The Journal of Law, Economics, and Organization, Oxford University Press, vol. 8(1), pages 93-110, March.
    11. Giandomenico Majone, 2001. "Nonmajoritarian Institutions and the Limits of Democratic Governance: A Political Transaction-Cost Approach," Journal of Institutional and Theoretical Economics (JITE), Mohr Siebeck, Tübingen, vol. 157(1), pages 57-78, March.
    12. Kydland, Finn E & Prescott, Edward C, 1977. "Rules Rather Than Discretion: The Inconsistency of Optimal Plans," Journal of Political Economy, University of Chicago Press, vol. 85(3), pages 473-491, June.
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