Non-majoritarian Institutions and Representation

Abstract

Many public policies are delivered by non-majoritarian institutions (NMIs) in which sometimes powerful policy actors may take major decisions, decoupled from traditional democratic procedures of representation, scrutiny, and accountability. NMIs have to strike a balance between independence and democratic accountability. This chapter traces the evolution of NMIs in our time, discusses their ‘counter-majoritarian difficulties’, and various ensuing strategies to enhance their representational nature. From the perspective of democratic governance, many scholars have been concerned about the democratic deficits relating to NMIs. However, NMIs fit much better in more liberal, monitory notions of democracy. They can provide a series of checks and balances that prevent corruption, abuse of power, and protect the rights of minorities. In that sense, NMIs are often seen as challenges to democracy while they, simultaneously, may help to safeguard democracies and to sanitize the behaviours of elected officials.