Criticism Against the Delegation of Lawmaking Powers to Experts Based Upon Democratic Considerations
The previous chapters of the Book presented argumentation for the usefulness of a science-based lawmaking model within the framework of international institutions. Democratic governance considerations, though, raise limits to the science-based lawmaking model, and specifically to the delegation of the legislative competences to expert bodies that the science-based lawmaking model requires. In this Chapter, the Book discusses some of the limits imposed upon the science-based lawmaking model, mostly by the requirement for democratic governance. Although democracy is not a recognized principle on the international level, it stands, however, as the governing principle of the political systems in a big percentage of the States around the world today. People that have been raised up within democratic regimes have also learnt to require the same quality in the international level of governance The science-based lawmaking model would, thus, instinctively attract criticism for fostering the existing democratic deficit. Delegating legislative competences to experts could exacerbate the democratic deficit on the international level. However, if properly structured, such delegation could help address the democratic deficit and mitigate it. After summarizing the criticism on grounds of democratic legitimacy, the Book reverses the democratic legitimacy argument in favor of the science-based lawmaking model and justifies the delegation of lawmaking powers to expert bodies. The chapters that follow also build on additional concepts of legitimacy.