The consequences of delegation to independent agencies: separation of powers, discursive governance and the regulation of telecommunications in Germany
In: European Journal of Political Research, Band 43, Heft 4, S. 677-698
Abstract
"Whereas the delegation of regulatory powers is usually examined from the principal's
perspective, this article explores the consequences of delegation for the regulatory
output. Empirically, it finds that the dissolution of the original German postal authority led
to the establishment of a system of divided labour in which different actors, including an
(almost) independent regulatory agency, depend on each other's performance of specialized
functions. Theoretically, it contributes to the ongoing debate over the role and operation of
independent agencies in two main respects. First, based on the modern theory of social
systems, it draws attention to the fact that the reform process was characterized by an
increased functional differentiation of institutionalized decision-making. Second, drawing
on the Habermasian theory of communicative action, it is argued that functional differentiation
supports the transformation of interaction from interest-based bargaining to deliberative
arguing both in the legislative and the administrative arenas. As political actors are
made unable to resort to their power resources, reasons become a key source of influence." (author's abstract)
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