INTL 204. Introduction to Comparative Politics

1. INTL 204. Introduction to Comparative Politics Assoc. Prof. Murat Somer, CASE 153 E-mail: musomer@ku.edu.tr Fall 2012 Office Hours: Tuesdays, 2:00-4:00pm

2. Chapter 7 : Unelected Components of Government: Judiciaries, Bureaucracies, and MilitariesLearning 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. Overview • Unelected components of government: Major political institutions whose officials arealmost never?elected by public: • Judiciary • Bureaucracy • Military

4. Discuss: How is this compatible with democracy? Why do democracies need such unelected bodies?

5. The Judiciary • Considered as the third branch of government • Stabilizes political system by solving disputes related to the law • Comparative politics analyze how a specific judicial decision affects policy outcomes • The judiciary is supposed to have no pressure from legislature or executive: judiciary independence. • Judicial ruling is divided by civil law or common law

7. Why do democracies have more lawyers per capita?

8. Civil Law • Judges interpret the already existing law. • Existing law is the last resort • Less room for judges’ individual judgments • Examples: Mexico

9. Common Law • Judges have room to interpret the law • Judge’s case ruling effects the law: case law • The decisions taken at previous high courts affect the decisions of the judges: stare decisis • Examples: United States

10. Tasks of the Judiciary • Determining Violation of Law and Appropriate Penalty • To settle disputes by deciding the guilt or innocence of the individuals charged with a crime • Depending on the country, judges or juries have to power to decide so • Interpretation of Vague Laws Passed by Other Branches of Government • No law is clear so as to be reached a consensus upon • Courts are there to interpret the vague & unclear laws • Sometimes laws are intentionally written vaguely

11. Tasks of the Judiciary • Review of the Constitutionality of Existing Law and Policy • Juridical review: Judiciary decides on whether new laws/policies are line with the constitution (constitutional juridical review) or with the existing laws (statutory judicial review) • Creation of New Government Policy in Response to a Pressing Social Problem • The courts can dictate new laws in addition to interpreting • The court acts like a legislator or bureaucrat: juridical activism

12. Settlement of Civil Disputes and Disputes Between Units of Government • Courts can solve disputes among individuals; between a company and an individual; between two different units of government • Tort law concerns civil disputes. When a civilian is harmed, the resolution of the disputes falls within the category of tort law • Legal Sanctioning of Particular Acts • Providing official decision to such matters: divorce, child adoption, name changes, distribution of property upon someone’s death, etc…

13. To what extent is juridical review compatible with democracy? • Who should decide whether conscientious objection should be allowed? • What about headscarves in government? • Privatization?

14. Two ways • Political • Parties/representatives in the Parliament • Executive decision of the government • Directly by people through a referandum • Judicial • Constitutional court in Ankara decides • Courts makde decisons based on individual appeals • European Court of Human Rights court in Brussels decides

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

16. The Judiciary • Organization of the Judicial Branch

17. Organization of the Judiciary • Court systems have complex hierarchical structures (example: provincial courts at the bottom, supreme courts at the top) • Only one Supreme Court at the top: US, Australia, Finland, Paraguay • Two courts at the top (Supreme and Constitutional in general): Benin, Gabon, Lithuania, South Africa, South Korea, Thailand

18. The United Kingdom has no juridical review. True or False?

19. Traditonallytrue, duetothenotion of parliamentarysovereignty, lawspassedbytheparliamentareconstitutonalbydefault. • False, withtheCosntitutional Reform Bill of 2005, the UK has recognizedthatthe UK courtshavetotakeintoaccounttherulings of Europeancourts in matters of fundamentalrights. Anti-terrorismbillwasdclaredunconstitutionalbecause of EuropeanrulingsandBlairwasforcedtochangethelaw. A SupremeCort has beenestablishedwiththeLords of Appeal as itsfirstmembers.

20. Germany has a very strong judiciary completely independent of the other branches of government. • True or False?

21. Yes, because of the lawless Nazi past, Germany was founded as “Rechts Staat.” The Federal Constitutişonal Court has powers of juridical review over the rules and policies of other branches. The Court, whose justices can only be removed by the court itself, banned far-right and far-left parties. • No, the legislature appoints the justices (8 by the Bundestag and 8 by the Bundesrat)

22. Comparatively speaking, France has one of the weakest judiciaries. This is bacause it has a civil law tradition. • True or False?

23. True, in civil law, judges have less power to interpret the law and their interpretaions do not become binding on other judges (do not form precedent). • False, other countries also have civil law tradition but have stronger judiciaries.

24. The Judiciary • 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

25. Advantages & Disadvantages of Strong Judiciary

26. Theory of Inverse Judicial Power • Why are some courts aggressive policymakers? • Inverse judicial power theory: The power of the judiciary is inversely related to the unity of other branches • Judiciaries become more independent when executive and legislative branches are weak. • Examples: Post-Communist states like Russia (post-communist judicial activism)

27. The Bureaucracy • Bureaucracy: The executive branch which oversees the implementation of the laws that legislature makes • Divided vertically into various departments and agencies • Implement policies in particular areas: agriculture, labor, environment • It has power and autonomy fourth branch of government • As the size of the government grows, bureaucracy grows as well and it gets more difficult oversee bureaucratic actions

28. 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

29. Tasks of Bureaucracy • Implementation of Laws and Policies • To execute laws and policies made by legislative branches. • At upper level of bureaucracy: planning of the implementation • At lower level of bureaucracy: routine duties; inspecting individuals, corporations, etc… • Agenda-Setting and Advising on Policy Specifics • At higher levels of bureaucracy, executives might promote their area for the implementation of required policies (efforts in setting the policy agenda) • Bureaucrats can provide detailed information to legislators while a specific policy is drafted • Example: In the US, bureaucrats testify in congress during specific policy discussions • Middle/Lower level bureaucrats can give suggestions; their superiors can filter these suggestions before passing them to upper levels.

30. Tasks of Bureaucracy • Interpretation of Existing but Vague Laws • A particular law can be unclear/vague intentionally or unintentionally. • In vague situations, bureaucrats can fill in the blanks of vague laws • Policy Creation • Bureaucracy can create policies from scratch • Specific rules for an issue may be absent, thus the bureaucracy can fill in the blank

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

32. 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

33. Bureaucratic Organization • Chief executive appoints the top officials in each branch of the bureaucracy • Top officials’ tenure in office depends on chief executive’s term • Top officials might be fired because of low performance although chief executive is still there. • Middle Level bureaucrats are not generally appointed. They are civil servants, and are hired because of their expertise. • In democracies civil servants are selected by merit system (based on competence) • Opposite of merit system is spoils system; where even middle officials are appointed

34. American Federal Bureaucracy • 4 Types of government agencies: cabinet department, regulatory agency, government corporation and independent executive agencies • Cabinet departments are the closest to the chief executive. They are headed by a secretary (Example: Homeland Security Department, 2002) • In other countries Cabinet Departments are known as ministries • There are 4 times more independent agencies than departments: Environmental Protection Agency, FED, etc… • In the US Merit System, specialist approach is used (individuals with a specific skill fill a specific role during all their governmental career). • In European Merit System, there is generalist approach where officials generally have a law degree and can change department

35. 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

36. Advantages & Disadvantages of Strong Bureaucracy

37. Bureaucratic Autonomy Theory • Bureaucracies, over time, might develop autonomy. • It’s on the interest of bureaucrats to secure the autonomy of their department when they get more experienced. • Experienced bureaucrats are more difficult to control and to be replaced. • CASE [BRITAIN] Permanent Secretaries: They hold their position even when the related ministries change. They can alter the policies by filtering the information to be given to ministers.

38. Additional terms regarding Bureaucracy • Nomenklatura system: • Method of establishing bureaucratic system in USSR. The system involves a list of names loyal to the regime. These names gain positions via their connections and merit. The system persists in current Russia • Technocrats: • Bureaucrats who are experts of their areas; and are not ardent followers of the governments’ ideology. • Reds: • In China, Reds were bureaucrats –unlike technocrats- who strongly adhered to communist ideology. They conflicted with Chinese technocrats.

39. Egypt's aftershocks: Military vs the people

40. The Military • Similar to other parts of bureaucracy by its hierarchy and follows standard operating procedures • Yet, it is most imposing branch on government; thus different from other bureaucratic organizations • Position of the military vis-a-vis elected officials vary across countries: • Civilian control of the military (ex: United States): Elected officials decide on military issues such as military spending. • Yet, in most other countries, military enjoys some autonomy

41. Tasks of MilitaryUnderCivilianControl • Defending the country • Deterring the attack of the external force • Increasing spending on security might trigger rival neighbors arms race • Military can / might influence the decision on arms race • Developing into a “Professional” Fighting Force • Becoming more focused and specialized in military matters such as national security • In professionalized militaries, academics play a great role • Controlling the Empire • Governments used to control militaries to expand territories of control colonies. • Militarism: Concentration on territorial expansion and thus great increase of military spending takes place

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

43. Military Rule & Praetorianism • Coup d’état: Military officiers can intervene to overthrow the existing civilian government. Generally, coups are lead by small number of military officers • Junta: A group of leaders of the various segments of a military organization which conduct the military rule. Juntas are observed in Latin American military regimes • Preatorianism: A political system where the military takes an active role in political decisions openly or covertly

44. Advantages & Disadvantages of Strong Military

45. New Professionalism Theory • More professional militaries might become more focused on issues like economic development and corruption. • Hence such militaries might become more likely to intervene because of domestic concerns • Alfred Stepan’snew professionalism theory: What the military perceives as mission is important: It might perceive internal or external threat. Perception of internal threats might provoke military coups. • CASE [NIGERIA]: Nigerian army did not have to worry about external threats, but was concerned with internal threats. Hence Nigerian coup had domestic focus

46. According to new professionalism theory, what determines to what extent there is civilian control over the military? • What other factors can you think of that might explain this?

47. Who decides where the main threat comes from and what the military’s mission should be?

48. New democracies have moved……. Parliamentary sovereignty and ……judicial/constitutional review • A) away from; closer to • B) closer to; away from

49. What do we call it when the judiciary begins to act like a legislator or bureaucrat?

50. In your opinion, do the advantages of powerful unelected officials outweigh their advantages? • On which factors does the answer to the above question depend in a paticular country?