Democratic accountability in stressful times : when decisions must be made quickly

Abstract

The advent of the administrative state and the never-ending rise of its powers and functions have led the academy to engage in a robust debate on which procedural guarantees better safeguard the legitimacy of executive decisions.1 For policymaking, executive actors should seek to achieve the objectives within the statutory boundaries set by the legislature, and whenever possible use procedures that permit interested citizens to evaluate the executive’s action.2 Nowadays, administrative bureaucrats are expected to support critical policy choices with sound analysis and well-argued justifications, and, most significantly, to publicly disclose the technical information at the basis of the analysis. This transparency requires bureaucrats to fully explain the reasons underpinning alternative available options and then to submit those explanations for public consultation with interested parties to engage in a meaningful, open discussion with all stakeholders.