1. 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 

2. 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.

3. 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

4. Think and Discuss
What is the most important task of the judiciary? What makes this task so important? 4

5. 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

6. 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

7. Think and Discuss
What is the bureaucracy’s single most important task? What makes this task so important? 7

8. 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

9. 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

10. The Military Tasks of the Military under Civilian Control
Defending the country
Developing into a professional fighting force
For some states, controlling an empire

11. Think and Discuss
What is the single most important task of the military? What makes this task so important? 11

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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

21. 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

22. 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

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

24. 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

25. 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

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