Chapter 7
Unelected Components of Government: Judiciaries, Bureaucracies, and Militaries
Comparative Politics: Structures and Choices 2eComparative Politics: Structures and Choices 2e
By Lowell BarringtonBy Lowell Barrington
Learning Objectives Discuss the tasks of the judiciary, bureaucracy,
and military. Describe how each of these unelected
governmental components shape policy decisions.
Discuss the advantages and disadvantages of judicial review.
Discuss the strengths and weaknesses of a strong bureaucracy.
Describe the roles that the judiciary, bureaucracy, and military play in the TIC cases.
The Judiciary Tasks of the Judiciary
Determining violation of law and appropriate punishment Review of the constitutionality of existing law and policy Interpretation of vague laws passed by other branches of
government Creation of new policies in response to pressing social
problems Settlement of civil disputes and disputes between units of
government Legal sanctioning of particular acts
Think and Discuss
What is the most important task of What is the most important task of the judiciary? What makes this task the judiciary? What makes this task so important?so important?
The Judiciary
Organization of the Judicial Branch Advantages of Strong Judiciaries
A check on majority tyranny A key component of the “rule of law” in politics
and economics
Disadvantages of Strong Judiciaries Power in the hands of unelected officials The potential to advance a political agenda
The Bureaucracy
Tasks of the Bureaucracy Implementation of laws and policies Interpretation of existing but vague aws Agenda setting and advising on policy
specifics Policy creation
Think and Discuss
What is the bureaucracy’s single What is the bureaucracy’s single most important task? What makes most important task? What makes this task so important?this task so important?
The Bureaucracy
Organization of Bureaucracies Cabinet department or ministry Secretary or minister Civil service and civil servants Merit system versus spoils system Specialist approach versus generalist
approach
The Bureaucracy
Advantages of Large and Powerful Bureaucracies Stability Expertise Impartial and fair application of rules
Disadvantages of Large and Powerful Bureaucracies Inefficiency through overexpansion and wasteful
spending Power in the hands of unelected officials Resistance to reform and creative solutions
The Military
Tasks of the Military under Civilian Control Defending the country Developing into a professional fighting force For some states, controlling an empire
Think and Discuss
What is the single most important What is the single most important task of the military? What makes task of the military? What makes this task so important?this task so important?
The Military
Military Rule and Praetorianism Advantages of a Strong Political Role for
the Military Making tough policy decisions Restoring order and battling corruption
Disadvantages of a Strong Political Role for the Military Unwillingness to surrender power A permanent presence in politics
Topic in Countries The United Kingdom
Common law approach to the judiciary; relative absence of judicial review authority; new Supreme Court established in 2009
Bureaucracy declined under Thatcher; culture of subordination to elected officials, yet significant discretion over policy details
One of the world’s most powerful, professional, and civilian-controlled militaries
IN THEORY AND PRACTICEBUREAUCRATIC AUTONOMY THEORY AND THE UNITED KINGDOM
Bureaucratic autonomy theory bureaucrats try to maximize their department’s
independence Once bureaucrats are established, they are
more difficult to control and replace
British bureaucracy was autonomous Permanent secretary – can influence
government policy
Topic in Countries Germany
Independent judiciary with substantial review authority; relatively powerful Federal Constitutional Court, but lower courts are all under the control of the Länder
Decentralized bureaucracy; relatively small in size compared to other European countries
Military under firm civilian control since WWII; has focused more on peacekeeping activities, leaving broader security to NATO and European Union
Topic in Countries India
Hierarchical judicial structure; Supreme Court has ruled that the legislature cannot alter constitution’s “basic structure”
Large bureaucracy with carefully selected elite (IAS) at the top; poor pay and high demands lead many to leave for private sector
Large military; possesses nuclear weapons; generally under civilian control
Topic in Countries Mexico
Civil law tradition; practice of genuine judicial review relatively new
Bureaucratic appointments had been based on spoils system; liberalization has led to increased professionalism, but corruption remains
The military has little political power; has taken a back seat to civilian leaders
IN THEORY AND PRACTICENEW PROFESSIONALISM THEORY AND MEXICO’S DRUG WAR
Alfred Stepan’s new professionalism theory Highlights the military’s perception of its mission
Greatest challenge to Mexico’s military is the way against drug cartels Shifts mission to internal rather than external threats
Topic in Countries Brazil
Complex court system; Supreme Federal Court has ample power to check other branches
Bureaucracy seen as comparatively competent, but corruption continues to be a problem
History of military involvement in government; retains control of the Military Police, often criticized for their brutality
Topic in Countries Nigeria
Military governments neglected federal and regional courts; fostered judicial corruption
Rampant corruption in the bureaucracy; appointments often due to regional, ethnic, or family ties
On and off episodes of military authoritarianism since independence
Topic in Countries Russia
Judiciary maintains a degree of independence, but this has decreased under Putin; corruption remains a problem
Increase in size of bureaucracy under Putin; appointments given to those loyal to Putin; corruption remains a serious problem
Civilian military control during Soviet period continued to the present; used for internal security; hazing practices became political issue
IN THEORY AND PRACTICERussia and the Theory of Inverse Judicial Power
Inverse judicial power theory the courts’ power is inversely related to the
power and unity of the other branches
Russia experiencing increasing threats to judicial independence by Putin
Topic in Countries China
Courts lack independence from CCP; problems with corruption; large numbers of civil cases filed each year
Relatively significant bureaucratic authority over policy implementation; increased emphasis on technical expertise rather than ideological commitment
People’s Liberation Army (PLA) has played a central role in politics since 1949; relatively large military budget
Topic in Countries Iran
Judiciary is constitutionally required to enforce “ideological conformity”; Supreme Leader has strong say over legal system; authority to review legislation given to Guardian Council
Unlike China, ideological loyalty is key; bureaucratic corruption is an issue
Somewhat weak and fractured military; Revolutionary Guards given more power in recent years