Technical Legitimacy

The idea that political neutrality, epistemic authority, and technical expertise are sources of legitimacy is widespread in studies of non-majoritarian institutions. While different parts of the idea are developed in different domains, this paper aims to develop a general account. It does so by introducing the term technical legitimacy. Drawing on normative and empirical contributions, the paper identifies three components of a robust version of technical legitimacy. In order to make a defensible claim to technical legitimacy, non-majoritarian institutions must promote a common good, build on robust expertise, and—paradoxically—contain appropriate venues for value input. The paper cautions against rejecting technical legitimacy as a normative category altogether. It is a strict standard which many existing institutions fail to meet. But it may in certain restricted instances be an appropriate standard. Moreover, a clear understanding of its normative components may enhance our understanding of its empirical appeal.