In relation to administrative decision-making, what does "democratic legitimacy" refer to?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Democratic legitimacy in the context of administrative decision-making is best understood through the notion that the authority to make decisions is strengthened by how those individuals came into their positions. When referring to whether a decision maker is elected or appointed, it highlights the source of their authority. Elected decision-makers derive their power from the electorate, reflecting a direct connection to democratic principles, where officials are accountable to the public and can be replaced by voters if necessary. This democratic foundation lends legitimacy to their decisions.

Although public support for the ruling, the financial budget of the decision-making body, and transparency of the decision-making process are important aspects of governance, they do not specifically address the aspect of democratic legitimacy as it pertains to the source of authority. Public support may contribute to perceived legitimacy but does not directly relate to the decision maker’s method of selection. Financial budgets might influence decision-making capacity but don’t affect legitimacy in terms of election or appointment. Transparency is vital for accountability and public trust, but it does not inherently relate to the legitimacy derived from the election or appointment process. Thus, the focus on the method of selection aligns most closely with the concept of democratic legitimacy.

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