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					          Comparative Politics: Structures and Choices
                                    Chapter 8
                                    By Lowell Barrington

The Unelected Components of
 Government: Judiciaries,
 Bureaucracies, and Militaries
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► “A   president’s hardest task is not to do what is
    right, but to know what is right.”
–   Lyndon Johnson

► “Never  blame a legislative body for not doing
    something. When they do nothing, that don’t hurt
    anybody. When they do something is when they
    become dangerous.”
– Will Rogers
        Learning Objectives
► Discuss   the tasks of the judiciary, bureaucracy,
  and military.
► Describe how each of these unelected
  governmental components can shape policy
  decisions in democracies.
► Discuss the advantages and disadvantages of
  judicial review.
► Discuss the strengths and weaknesses of a
  strong bureaucracy.
► Describe theories associated with the judiciary,
  bureaucracy, and military discussed in the
  chapter’s “In Theory and Practice” boxes.
                   The Judiciary

                     Key Terms

►Judicial independence    ►Constitutional   judicial
►Civil law                review
►Common law               ►Statutory judicial review

►Case law                 ►Judicial activism

►Stare   decisis          ►Tort law

►Judicial   review
              The Judiciary
► Tasks   of the Judiciary
   Determining violation of law and appropriate
   Reviewing constitutionality of existing law and
   Interpreting vague laws passed by the other
    branches of government
   Creating new government policy in response to a
    pressing social problem
   Settlement of civil disputes and disputes between
    units of government
   Legal sanctioning of particular acts
  Think and Discuss:

What is the single most important task
of the judiciary? What makes this task
              so important?
    Think and Discuss:
  Look at Table 8.1 in the textbook (p. 282).
    What might the different numbers of
lawyers per 10,000 people tell us about the
 judicial system of these various countries?
              The Judiciary
► Organizationof 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
    rather than ruling impartially
          Topic in Countries
    Judiciary in the United Kingdom,
► The
 Germany, and France
   The UK: Common law approach; relative
    absence of judicial review authority; new
    Supreme Court established in 2009
   Germany: Independent judiciary with
    substantial review authority; relatively powerful
    Federal Constitutional Court, but lower courts
    are all under the control of the Länder
   France: Reliance on civil law approach;
    judiciary is less politically powerful than
    executive and legislative branches
          Topic in Countries
► TheJudiciary in Mexico, Brazil, Nigeria,
 and India
   Mexico: Civil law tradition; practice of genuine
    judicial review relatively new
   Brazil: Complex court system; Supreme Federal
    Court has ample power to check other branches
   Nigeria: Military governments neglected federal
    and regional courts; fostered judicial corruption
   India: Hierarchical judicial structure; Supreme
    Court has ruled that the legislature cannot alter
    constitution’s “basic structure”
          Topic in Countries
► TheJudiciary in the Russian
 Federation, China, and Iran
   Russia: Judiciary maintains a degree of
    independence, but this has decreased under Putin;
    corruption remains a problem
   China: Courts lack independence from CCP;
    problems with corruption; large numbers of civil
    cases filed each year
   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
          The Bureaucracy
               Key Terms
►Bureaucracy           ►Ministers
►Fourth  branch of     ►Civil service
government             ►Civil servants
►Cabinet departments   ►Merit system
►Secretary             ►Spoils system
►Ministries            ►Specialist approach
                       ►Generalist approach
            The Bureaucracy
► Tasks    of the Bureaucracy
     Implementing laws and policies
     Setting agenda and advising on policy specifics
     Interpreting existing but vague laws
     Creating policy
  Think and Discuss:

What is the bureaucracy’s single
most important task? What makes
      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
► Advantagesof Large and Powerful
   Stability
   Expertise
   Impartial and Fair Application of Rules
► Disadvantages     of Large and Powerful
   Inefficiency through Overexpansion and Wasteful
   Power in the Hands of Unelected Officials
   Resistance to Reform and Creative Solutions
          Topic in Countries
► TheBureaucracy in the United
 Kingdom, Germany, and France
   The UK: Declined under Thatcher; culture of
    subordination to elected officials, yet significant
    discretion over policy details
   Germany: Decentralized; relatively small in size
    compared to other European countries
   France: Very large bureaucracy; meritocracy in
    theory, though top officials share similar social
          Topic in Countries
► TheBureaucracy in Mexico, Brazil,
 Nigeria, and India
   Mexico: Appointments had been based on
    spoils system; liberalization has led to increased
    professionalism, but corruption remains
   Brazil: Seen as comparatively competent, but
    corruption continues to be a problem
   Nigeria: Rampant corruption; appointments
    often due to regional, ethnic, or family ties
   India: Large bureaucracy with carefully selected
    elite (IAS) at the top; poor pay and high
    demands lead many to leave for private sector
          Topic in Countries
► TheBureaucracy in the Russian
 Federation, China, and Iran
   Russia: Increase in size under Putin;
    appointments given to those loyal to Putin;
    corruption remains a serious problem
   China: Relatively significant authority over
    policy implementation; increased emphasis on
    technical expertise rather than ideological
   Iran: Unlike China, ideological loyalty is key;
    corruption is an issue
               The Military
► Tasksof the Military under Civilian
   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?
                 The Military
► Military Rule and Praetorianism
► Advantages of a Strong Political Role for the
   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
    Military in the United Kingdom,
► The
 Germany, and France
   The UK: One of the world’s most powerful,
    professional, and civilian-controlled militaries
   Germany: Under firm civilian control since
    WWII; has focused more on peacekeeping
    activities, leaving broader security to NATO and
    European Union
   France: Largest in Europe; sporadic
    involvement in politics, including in the creation
    (but not daily governing) of the Fifth Republic
          Topic in Countries
► TheMilitary in Mexico, Brazil, Nigeria,
 and India
   Mexico: Little political power; has taken a back
    seat to civilian leaders
   Brazil: History of involvement in government;
    retains control of the Military Police, often
    criticized for their brutality
   Nigeria: On and off episodes of military
    authoritarianism since independence
   India: Large military; possesses nuclear
    weapons; generally under civilian control
          Topic in Countries
► TheMilitary in the Russian Federation,
 China, and Iran
   Russia: Civilian control during Soviet period
    continued to the present; used for internal
    security; hazing practices became political issue
   China: People’s Liberation Army (PLA) has
    played a central role in politics since 1949;
    relatively large military budget
   Iran: Somewhat weak and fractured military;
    Revolutionary Guards given more power in
    recent years
        Comparative Exercise
Judicial Review Authority in New Democracies
► Patterns    in Judicial Review Authority
   Focus by Tom Ginsburg on how newer democracies
    have addressed judicial review
   Goal is to establish a pattern rather than explain it
► Discussion
   New democracies often adopt constitutional review
   Ginsburg’s work shows that post-Communist states
    tend to give constitutional review authority to
    distinct (“constitutional”) courts
   Creates a puzzle for future comparativists to solve

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