Theory and Practice of Delegation to Non-Majoritarian Institutions

Abstract

A transformation in governance has swept across Western Europe. During the past half-century, states, executives, and parliaments have empowered an increasing number of non-majoritarian institutions (NMIs) 1 to make public policy. In the fields of utility regulation, telecommunications, antitrust, and media pluralism, and even in the provision of health and welfare benefits, myriad independent regulatory bodies have been created and become the loci for making new rules, or applying existing ones to new situations, at the national level. At the supranational level, central bankers, insulated from direct political control, set monetary policy. In Brussels, European Commission officials propose legislation and enforce ever wider European Union regulation. In Luxembourg, the Court of Justice controls member state compliance with European law, reviewing the lawfulness of activities of national parliaments, governments, and administrators.