A Critical Reading of the Independent Regulatory Agencies’ Legitimacy in Contemporary Liberal Systems

Abstract

The controversy surrounding the Independent Regulatory Agencies (IRA) has from the outset revolved around the idea of a significant failure to meet democratic requirements. For instance, the creation of the IRA took place in a very specific context leaving few avenues to express democratic concerns. These independent public authorities were created with aim of circumventing the hierarchical power of the executive branch and Parliaments, too, had no more control over their action or their functioning. However, more current reflections on the concept of democracy make it possible to envisage a reconciliation between IRA and democratic principles through the use of randomly selected citizen councils to hold independent public authorities accountable and scrutinize their important decisions. In fact, these councils will play a crucial role in preventing the capture of the IRA by powerful private interests and the plutocrats who run the big corporations.