Porous Bureaucracy: Legitimating the Administrative State in Taiwan

30 Pages Posted: 30 Aug 2019

See all articles by Anya Bernstein

Anya Bernstein

University at Buffalo Law School

Date Written: 2019


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 key site for political participation. I put these views into historical context to elucidate how bureaucracy can compete for democratic bone fides with common democratic indicators like constitutions and elections. This article contributes to scholarship on the ethnography of bureaucracy, administrative accountability networks, and the internal law of administration. In particular, I stress the importance of administrative culture as a central aspect in political legitimation.

Suggested Citation

Bernstein, Anya, Porous Bureaucracy: Legitimating the Administrative State in Taiwan (2019). Forthcoming in Law and Social Inquiry, 2019, University at Buffalo School of Law Legal Studies Research Paper No. 2019-018, Available at SSRN: https://ssrn.com/abstract=3444894

Anya Bernstein (Contact Author)

University at Buffalo Law School ( email )

School of Law
624 O'Brian Hall
Buffalo, NY 14260-1100
United States

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