Comparative Politics: Structures and Choices 2e Chapter 7 Comparative Politics: Structures and Choices 2e By Lowell Barrington Unelected Components of Government: Judiciaries, Bureaucracies, and Militaries   

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 the judiciary? What makes this task so important? 4

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 most important task? What makes this task so important? 7

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 task of the military? What makes this task so important? 11

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 PRACTICE BUREAUCRATIC Autonomy Theory and the United Kingdom 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 PRACTICE New 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 PRACTICE Russia 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

Think and Discuss Which of the theories discussed in this chapter seems most convincing, and why? 23

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

Think and Discuss Do the advantages of powerful unelected officials outweigh the disadvantages? 26