Performance and legitimacy of the administrative state
This panel looks into the dynamics of the administrative state, the way it relates to constitutional principles (like the rule of law), and democratic values, but we do this with an open eye for shifts in the underpinning legitimacy concepts. Are they affected too? In what way then and in which respects? Our research over the last couple of years suggests that the rise of the administrative state has affected (constitutional) law and governance so that in some respects the administration is no longer bound by and has instead become master of the rules that were initially put in place to restrain its actions. However, our research reveals something else as well. It is no longer merely the compliance to the rule of law, democratic principles, and constitutional principles that suffices to render sustained legitimacy to a government system. Sustainable legitimacy requires more nowadays – a good and satisfying overall performance of the administration.