Participation in the public decision-making processes and its “state of health” in the current evolution of the political and legal system

Abstract

Since the 1970s, there has been an increasing demand for participation in public decision-making processes. The main cause of this phenomenon is the crisis of the party system and the inability of the parties to represent adequately social interests at political level.

In the same period, the law's ability to effectively limit administrative action decreases. In response to these developments, the strengthening of procedural participation mechanisms has played a crucial compensatory role, emerging as a legitimizing factor for the exercise of administrative power.

However, several critical factors can undermine the role of participation in public decision-making processes: from the growing need for rapid decisions in a globalized society and economy; to the increasing frequency of emergency situations requiring the use of extraordinary administrations (commissioners), resulting in the suspension of the ordinary legal system and the granting of extraordinary powers exercisable in derogation of existing legislation; to the growing use of artificial intelligence by public administrations for preparatory activities and, at times, for drafting decisions; and, finally, to the adoption by public authorities of new regulatory techniques, such as "nudging," which constitute a direct application of the findings of behavioral sciences and whose implementation circumvents the implementation of traditional administrative procedures.

Hence, the need for legal scholars to address and resolve the many problems that are gathering around participation also suggesting through appropriate changes at the regulatory level.