Presidents Have Problems Too: The Logic of Intra-branch Delegation in East Asian Democracies

This article addresses the codification of formal rules and procedures of governance through Administrative Procedure Acts (APAs). The recent enactment of APAs in two new democracies, South Korea and Taiwan, highlights an apparent paradox. Because administrative reform limits the executive's power, it is clear why legislatures in separation-of-power systems would favour APAs. But it is less clear why presidents would support them. Why would a president accept a law designed to restrict her ability to act freely? The answer is that presidents have agency problems too. The more intra-branch conflict they face during their administrations, the more likely they will support administrative reform. Thus, instead of tying the hands of future administrations, presidents also use APAs to overcome current control problems. Three recently democratized East Asian countries, two with APAs (South Korea and Taiwan) and one without (Philippines), support this ‘reining in’ theory. Conflict within the executive branch may be an important ingredient in democratic consolidation. APAs result from political struggle.