This collection studies the rise of neutral bodies as a challenge
to the constitutional paradigm of the nation state. Administrative
entities such as commissions, agencies, councils, authorities or
'independent agencies' as they are sometimes known, are relatively
autonomous from majoritarian democratic control and by their
institutional design fall outside the classical triad of powers or
branches of government. They may even fall outside the confines of
the nation state itself as with the EU Commission. The book is
divided into theoretical-historical and empirical parts. Part I
approaches the phenomenon through the rigorous normative conceptual
lens of constitutionalism and constitutional law, questioning the
implications of political neutrality on inherited normative
categories, both at national and supranational level. Part II
comprises case-studies reflecting the full spectrum of theoretical
frameworks and concerns developed and explored by the
theory-oriented chapters in the first part. The work explores a
wide range of issues including the balance between autonomy,
legitimacy and accountability, the taxonomy of agencies, the role
and limits of expertise as a paramount justification for
independence, 'agentification' as a result of internationalisation,
and 'agentification' as a reflex and consequence of transnational
polity-building within the EU.
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