Journal of Political Institutions and Political Economy > Vol 2 > Issue 4

Reviewing Procedure versus Judging Substance: How Increasing Bureaucratic Oversight Can Reduce Bureaucratic Accountability

Ian R. Turner, Department of Political Science, Yale University, USA, ian.turner@yale.edu
 
Suggested Citation
Ian R. Turner (2022), "Reviewing Procedure versus Judging Substance: How Increasing Bureaucratic Oversight Can Reduce Bureaucratic Accountability", Journal of Political Institutions and Political Economy: Vol. 2: No. 4, pp 569-596. http://dx.doi.org/10.1561/113.00000049

Publication Date: 10 Feb 2022
© 2022 I. R. Turner
 
Subjects
Public economics,  Law and economics,  Principal-agent,  Game theory,  Bureaucracy,  Courts,  Executive politics,  Formal modelling,  Game theory,  Government,  Intergovernmental relations,  Political economy,  Public administration
 
Keywords
Bureaucracyaccountabilityjudicial reviewpolicymakingformal theory
 

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In this article:
Introduction 
The Model 
Reviewing Procedure 
Judging Substance 
Reviewing Procedure versus Judging Substance 
Conclusion 
References 

Abstract

How does the scope of review affect bureaucratic policymaking? To explore this question, I consider a policymaking environment in which an expert agency develops policy that is upheld or overturned by an overseer who may have different policy goals. The agency can affect the quality of implementation through effort investments in addition to choosing the substantive content of policy. Under procedural review the overseer only reviews the agency’s effort, which allows the agency to fully utilize its expertise. Substantive review also tasks the overseer with judging agencies’ substantive policy choices, which can lead the agency to disregard its superior information and obfuscate to avoid reversal. Depending on the policy environment, this dynamic can either benefit or harm the overseer. In some cases the overseer can be made better off by having less transparent review institutions; that is, institutions that direct the overseer to only review procedure and preclude judging substance.

DOI:10.1561/113.00000049