IDEAS home Printed from https://ideas.repec.org/a/bpj/rlecon/v16y2020i1p21n1.html
   My bibliography  Save this article

Political Insulation, Technical Expertise and the Technocrat’s Paradox

Author

Listed:
  • 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
    as

    Download full text from publisher

    File URL: https://doi.org/10.1515/rle-2016-0056
    Download Restriction: For access to full text, subscription to the journal or payment for the individual article is required.

    File URL: https://libkey.io/10.1515/rle-2016-0056?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    As the access to this document is restricted, you may want to search for a different version of it.

    References listed on IDEAS

    as
    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. 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.
    3. 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.
    4. 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.
    5. 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.
    6. Mathias Dewatripont & Jean Tirole, 1994. "The prudential regulation of banks," ULB Institutional Repository 2013/9539, ULB -- Universite Libre de Bruxelles.
    7. 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.
    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. 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.
    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. 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.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Patrick W. Schmitz, 2006. "Information Gathering, Transaction Costs, and the Property Rights Approach," American Economic Review, American Economic Association, vol. 96(1), pages 422-434, March.
    2. Schinkel, M.P. & Tóth, L. & Tuinstra, J., 2014. "Discretionary Authority and Prioritizing in Government Agencies," CeNDEF Working Papers 14-15, Universiteit van Amsterdam, Center for Nonlinear Dynamics in Economics and Finance.
    3. Becht, Marco & Bolton, Patrick & Roell, Ailsa, 2003. "Corporate governance and control," Handbook of the Economics of Finance, in: G.M. Constantinides & M. Harris & R. M. Stulz (ed.), Handbook of the Economics of Finance, edition 1, volume 1, chapter 1, pages 1-109, Elsevier.
    4. Philippe Aghion & Mathias Dewatripont & Jeremy C. Stein, 2008. "Academic freedom, private‐sector focus, and the process of innovation," RAND Journal of Economics, RAND Corporation, vol. 39(3), pages 617-635, September.
    5. Leonardo Felli & Alessandro Riboni & Luca Anderlini, 2007. "Statute Law or Case Law?," 2007 Meeting Papers 952, Society for Economic Dynamics.
    6. Chris Hanretty & Christel Koop, 2013. "Shall the law set them free? The formal and actual independence of regulatory agencies," Regulation & Governance, John Wiley & Sons, vol. 7(2), pages 195-214, June.
    7. Frisell, Lars & Roszbach, Kasper & spagnolo, giancarlo, 2008. "Governing the Governors: A Clinical Study of Central Banks," Working Paper Series 221, Sveriges Riksbank (Central Bank of Sweden).
    8. Robert Gibbons & John Roberts, 2012. "The Handbook of Organizational Economics," Economics Books, Princeton University Press, edition 1, volume 1, number 9889.
    9. Emmanuel Farhi & Jean Tirole, 2012. "Collective Moral Hazard, Maturity Mismatch, and Systemic Bailouts," American Economic Review, American Economic Association, vol. 102(1), pages 60-93, February.
    10. Oriol Carbonell-Nicolau & Diego Comin, 2005. "Testing Out Contractual Incompleteness: Evidence from Soccer," Departmental Working Papers 200501, Rutgers University, Department of Economics.
    11. Raghuram G. Rajan & Luigi Zingales, 1998. "Power in a Theory of the Firm," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 113(2), pages 387-432.
    12. Peter Grajzl, 2011. "A property rights approach to legislative delegation," Economics of Governance, Springer, vol. 12(2), pages 177-200, June.
    13. Mattia Guidi, 2015. "The Impact of Independence on Regulatory Outcomes: the Case of EU Competition Policy," Journal of Common Market Studies, Wiley Blackwell, vol. 53(6), pages 1195-1213, November.
    14. Charles Cameron & John M. de Figueiredo, 2020. "Quitting in Protest: Presidential Policymaking and Civil Service Response," NBER Working Papers 26944, National Bureau of Economic Research, Inc.
    15. Björn Bartling & Urs Fischbacher, 2012. "Shifting the Blame: On Delegation and Responsibility," The Review of Economic Studies, Review of Economic Studies Ltd, vol. 79(1), pages 67-87.
    16. Berde, Éva, 2013. "A fundamentális transzformáció és a referenciapont szerepe a hiányos szerződések elméletében [The role of basic transformation and reference point in the theory of incomplete contracts]," Közgazdasági Szemle (Economic Review - monthly of the Hungarian Academy of Sciences), Közgazdasági Szemle Alapítvány (Economic Review Foundation), vol. 0(7), pages 865-885.
    17. Ian R Turner, 2017. "Working smart and hard? Agency effort, judicial review, and policy precision," Journal of Theoretical Politics, , vol. 29(1), pages 69-96, January.
    18. Alberto Alesina & Guido Tabellini, 2003. "Bureaucrats or Politicians?," Working Papers 238, IGIER (Innocenzo Gasparini Institute for Economic Research), Bocconi University.
    19. de Bettignies, Jean-Etienne & Ross, Thomas W., 2009. "Public-private partnerships and the privatization of financing: An incomplete contracts approach," International Journal of Industrial Organization, Elsevier, vol. 27(3), pages 358-368, May.
    20. Abbott, Kenneth W. & Genschel, Philipp & Snidal, Duncan & Zangl, Bernhard, 2018. "The governor's dilemma: Competence versus control in indirect governance," Discussion Papers, Research Unit: Global Governance SP IV 2018-101, WZB Berlin Social Science Center.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:bpj:rlecon:v:16:y:2020:i:1:p:21:n:1. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Peter Golla (email available below). General contact details of provider: https://www.degruyter.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.