Expert accountability and the rule of law: Intertwinement of normative and functional standards?

Sanne Taekema*

*Corresponding author for this work

Research output: Chapter/Conference proceedingChapterAcademic

Abstract

Expert knowledge is present in legal decision-making in various ways. This chapter characterizes expert authority by situating it in the broader theoretical debate on authority. One thing shown by the informal and dynamic aspects of liquidity is the intertwinement of factual authority in a sociological sense with the dimension of legitimacy. Although it is important sociologically to see the shift away from formality as an empirical phenomenon, to understand it fully it needs to be made part of a normative account. The chapter links the notion of practical authority to the applicability of the rule of law and argues for a specific understanding of rule of law standards that is suitable for a transnational context. It argues that variations in the functional domain of expertise require contextualization of rule of law standards and suggest that institutionalization of such standards is a promising way to safeguard rule of law conformity.
Original languageEnglish
Title of host publicationTechnocracy and the Law
Subtitle of host publicationAccountability, Governance and Expertise
EditorsA. Arcuri, F. Coman Kund
Place of PublicationAbingdon
PublisherRoutledge (Taylor & Francis Group)
Pages44-61
Number of pages18
ISBN (Electronic)9781000390148
ISBN (Print)9780367898571
Publication statusPublished - 28 May 2021

Publication series

SeriesTransnational law and governance

Research programs

  • SAI 2010-01 RRL

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