The Expert or the People? On the justification of the autonomous authorities Cover Image

The Expert or the People? On the justification of the autonomous authorities
The Expert or the People? On the justification of the autonomous authorities

Author(s): Dan Claudiu Dănişor
Subject(s): Constitutional Law, Politics and law
Published by: Editura Universitaria Craiova
Keywords: autonomous authorities; determinism; expert; neutrality; objective laws of society; modern constitutionalism; political liberty; libertarian philosophies; markets;

Summary/Abstract: The introduction into the structure of the present states of certain autonomous authorities and their exponential multiplication over the last decades requires a careful analysis of the principles underpinning their justification. Modern States are based on political freedom, that is, the liberation of man from the objective laws, created by divinity or the implacable historical evolution of society. Modern man is his own master. The expression of this freedom by vote is the basis of all the institutional mechanisms of modern constitutionalism. Instead, autonomous authorities are set up to free the regulation of certain social mechanisms from political influence. They are not based on modern political freedom. Formed by experts who know the "objective" laws of social development and apply them "scientifically," these authorities are "objectives". They are removed from the influence of ideological subjectivism, fed by the dependence of politicians on the elections, so by a passionate and sometimes irrational people. Thus is created a dichotomy: the people or the expert? The following study attempts to answer this fundamental question and the principle on which the choice of contemporary legal systems is based for the multiplication of autonomous authorities: the neutrality of the expert.

  • Issue Year: 2018
  • Issue No: 57
  • Page Range: 13-24
  • Page Count: 12
  • Language: English
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