Guardians of the Law or Loyal Administrators?: Toward a Refined Administrative Ethos for Legislative Drafters

Abstract

Many of the civil servants who draft legislation in the Netherlands perceive themselves as loyal advocates for the political executive rather than as guardians of the law. This means that they may be selective in performing tests of legality, to the point of developing innovative legal interpretations. This article investigates whether their attitude can be defended from an ethical perspective. Assessment of the different justifications for loyalty (Weber's bureaucratic ethos, countervailing powers, legal indeterminacy) leads to a sophisticated ethos of administrative loyalty that makes it possible for legislative drafters to distinguish between proper and improper actions and to recommendations for educational programs and organizational improvements.