The geometry of government — Unelected Power (Paul Tucker)
An excellent tome — essential reading for the profession — about the importance of legacy to central banks. Indeed, more generally, the importance of legitimacy for the administrative (or regulatory) state, comprising of unelected policymakers who in essence make laws, enforce them, and deliver judgements. The central question: can we square this unelected power with closely held democratic norms? Tucker presents a set of design principles that independent agencies should follow in order to answer in the affirmative.
While Tucker delves into the economic and political foundations required to make the argument, we needn’t detain ourselves covering it. All I would say is that these sections are supremely comprehensible although not for casual readers in the subject. The following review comments on a few important themes from the book, on my reading.
The key instrumental and intrinsic motivator behind the creation of agencies is credible commitment. Intrinsic because, due to time inconsistency or political short-termism, politicians (or the government generally) may not be able to promise that they will actually implement a (legitimate and presumably electorally mandated) policy. Inherent because the performance of these institutions and of government will be higher once we are able to credibly commit and people believe our promises.
The most powerful commitment technology Tucker discusses is referred to as “democracy as watchfulness” or “360-degree accountability”. This solves the infinite regress problem of accountability (quis custodiet ipsos custodes?). Legislators have every right to repeal an agency’s mandate, but this (enacted via legislation) would be highly visible and incur “audience costs”. Essentially, raising the short-term costs to reneging on commitment capriciously. Tucker also makes an important point about committees (the “personnel is policy” problem): multiple decision makers, over and above their epistemic benefit, makes any one political appointment less important. Policy is therefore more stable and it increases the effectiveness of commitment. Conveniently, it also increases the cost of agency capture.
Tucker introduces a legitimacy “robustness test” as a check on agency legitimacy. Not exactly a Rawlsean public reason test (as footnoted in the book), but in my reading not too dissimilar, we spend part II of the book enumerating several “reasonable” conceptions of democracy, and then ask whether the design of an agency can justify itself as legitimate to a plurality of conceptions. If we can do that, then agencies can reasonably derive legitimacy from the elected lawmakers.
Interestingly, central banks are presented as a corollary of the separation of powers (i.e. they prevent the executive from printing money and ignoring fiscal prerogatives from the legislature), providing a strong reason for independence rather than simple permission. We conclude that central banks are a constitutionally necessary branch of government, but not equal to the canonical three. We stop a hair short of a constitutional convention and disappoint those asking for a central bank to be in the constitution! I think the door is left ajar, but regardless I think this is a powerful political argument for central bank independence.
Tucker also weighs in on some debates that central bankers have been having between themselves (and in public) since at least the Global Financial Crisis (and, clearly, since the inception of the institution).
First of all: rules or discretion? Should we adopt a Taylor-rule like method for setting policy? Tucker’s answer is emphatically no: crises or other unforeseen weather inevitable, and rules cannot guide us here — policy innovation is required. Indeed, the “metarule” becomes when the rule is replaced with discretion, making purely rule-based policy more a theoretical dream. Institutions are “devices for reconfiguring incentives”, meaning that delegating to mechanical rules does not solve the underlying credible commitment problems (discussed above).
Second: should central banks have some power (and responsibility) for financial stability? Tucker: emphatically yes. Money and credit, given fractional-reserve banking, are intimately linked, and so we only bury our heads in the sand if we ignore it. Central banks perform an important liquidity reinsurance role — banks insure against liquidity risk (i.e. the need to hold liquid assets to meet your obligations) — and the central bank via its lender-of-last-resort (LOLR) role insures the banks (ideally subject to strong solvency tests — we shouldn’t bail out any financial institution just because they ask!) against liquidity crises. Indeed because of the LOLR function a central bank should expect to find itself at the scene of disaster. We have an interest, then, in financial stability and the continuation of financial services (payment, credit, insurance) as we cannot separate the private monetary system from simple reserves at the central bank. Legitimating these dual interests in monetary and financial stability requires a “money-credit constitution” (with a fiscal carve-out to delineate society’s line between monetary and fiscal policy).
There are many other worthy things the book touches on. Including, but not limited to: the function of central banks in emergencies (and their very nature as an emergency institution), balance sheet and unconventional policy, guidance on liquidity provision, a taxonomy of agencies based on the insulation they require, historical motivations for a professional public service, the role of forecasts in policy justification (for legitimacy reasons), the epistemic purpose and function of committees, etc. I’d love to cover at least several but this review is long enough!
Perhaps the last point to touch upon are the distributional consequences of central bank policy. It is fairly uncontroversial that central bank policy has these consequences, but they are not choices central banks get to make. Indeed, policy in normal times has distributional consequences. Tucker argues, in retrospect, that central banks should have highlighted (publicly and loudly) these consequences in order to make them part of public debate. This hints at a theme which becomes less of a hint later one: the “grand dilemma” of central banking, or the “only game in town” problem: aggregate demand stimulus from central banks can create time and space for supply-side reforms. But ultimately, it is up to fiscal authorities, households, and businesses to readjust. Central banks can’t set aside their legal mandates and play chicken with legislators (to “abrogate the sovereign power” — that of delegation, in this case). This grand dilemma is the strategic interaction between fiscal and monetary authorities incentivising fiscal authorities to slack. That rings true: the refrain that fiscal authorities are shirking responsibility to monetary ones dates 2010s financial and economic commentary.
In summary, Tucker presents and justifies the necessity of delegation. In my mind, we have the elected legislators providing fundamental legitimacy to unelected branches of government. If agencies make high policy without being designed as legitimate (via Tucker’s design principles, or something like them), then this can “set a slow fuse” damaging the fundamental legitimacy of government. Agencies are important commitment and policy legitimating devices though, so are not only necessary but can enhance the legitimacy of government generally. Tucker emphasises that other unelected institutions — the courts, generally — cannot bestow legitimacy or solve a democratic deficit. Likewise, if the fundamental legitimacy of lawmakers is eroding, then no legitimacy can be derived from them. My reading is that much like a liquidity crisis can precipitate an economic crisis, a legitimacy crisis can precipitate a political one, although perhaps in slow motion. I would argue that even if you are not interested in central banking, this is essential reading under the shadow of an extremely activist Supreme Court in 2022.