Measuring the Democratic Qualities of Regulatory Agencies: A Novel Measure of Transparency, Accountability, Participation and Representation

Abstract

The democratic legitimacy of public administrations is usually seen as dependent on the control of their elected principles. As independent regulatory agencies challenge this notion, scholars have proposed four mechanisms to ensure their democratic quality: transparency, participation, representation, and accountability. However, measuring and comparing these qualities remains a challenge, as there is not yet a comprehensive measure that can capture them together. Based on an in-depth empirical analysis of regulatory agencies in different countries and sectors, this article develops novel measures of transparency, accountability, representation, and participation in regulatory agencies, including 42 indicators and two dimensions of analysis: inclusion and formality. The content validity, convergence validity, and usability of the index are illustrated using two Israeli regulatory agencies in the electricity and competition sectors. The article shows that the democratic qualities of regulatory agencies can be measured and compared in a meaningful way within and across countries.