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Comparative and Foreign Law

University at Buffalo School of Law

Journal Articles

Series

2019

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Full-Text Articles in Law

Porous Bureaucracy: Legitimating The Administrative State In Taiwan, Anya Bernstein Sep 2019

Porous Bureaucracy: Legitimating The Administrative State In Taiwan, Anya Bernstein

Journal Articles

Scholars and politicians have sometimes presented bureaucracy as inherently conflicting with democracy. Notably, bureaucrats themselves are rarely consulted about that relationship. In contrast, I draw on interviews and participant observation to illuminate how government administrators understand their own place in democratic government in Taiwan, one of the few successful third-wave democracies. The administrators I work with root their own legitimacy not in separated powers or autonomous expertise, but in their ongoing collaboration with legislators and publics. They define their own accountability not just as executive legislative mandates but as producing them in the first place, and figure bureaucracy as a …