Public Consultations in Policy Network Environments: The Case of Assisted Reproductive Technology Policy in Canada

Abstract

This paper stresses the increasing importance of public consultation in a context where policymakers seek higher input-oriented legitimacy for policy design, a form of legitimacy valued by the proponents of the governance discourse. Three modes of public consultation are identified: the strategic mode, the rule-guided mode, and communicative action. It is argued that the choice of modes, and therefore the manner in which consultors approach their role, depends on policy networks. When networks are closed to a small number of cohesive actors, any of the three modes can work to the satisfaction of those involved. However, the extent to which networks must be open to achieve input-oriented legitimacy significantly constrains the choice of a consultation mode. The case of assisted reproductive-technology policy design presented in this article illustrates that in the context of network openness, consultors will prefer strategy over communicative action and eventually rule-guidance over strategy. Unfortunately, this manner of approaching public consultation is unlikely to confer input-oriented legitimacy onto policy designs.