Unit 2 Institutions: Courts, Bureaucrats, and Coercive Power in AP Comparative Government

Rule of law

The principle that everyone (including government officials) is subject to publicly known, consistently applied laws enforced by impartial institutions; law constrains rulers, not just opponents.

Rule by law

A system where law is mainly used as a governing instrument (e.g., to control or punish) rather than as a constraint on leaders; often features unequal application in politically sensitive cases.

Independent judiciary

A court system able to decide cases based on law and legal reasoning without undue pressure from politicians, parties, wealthy interests, or the military.

Institutional independence (judiciary)

Structural protections for courts as an institution (e.g., secure tenure, protected salaries, transparent procedures, control over internal administration) that reduce external interference.

Decisional independence (judges)

Protection for individual judges to decide cases without retaliation (e.g., harassment, sudden transfers, discipline, firing) for unpopular rulings.

Judicial review

The power of courts to evaluate whether laws or government actions violate a constitution (or basic law), allowing courts to check legislatures and executives.

Amparo (Mexico)

A legal mechanism allowing individuals to seek protection of constitutional rights; used as a tool that can strengthen rights enforcement in practice.

Parliamentary sovereignty (United Kingdom)

The principle that Parliament is the supreme law-making authority; traditionally implies UK courts cannot strike down an Act of Parliament as unconstitutional in the same way as many constitutional courts.

Administrative law (executive constraint)

Legal processes through which courts can review executive actions for legality and procedural fairness, constraining agencies even without striking down primary legislation.

Access to justice

The practical ability to use courts and legal rights, shaped by cost, speed, availability of lawyers/legal aid, physical access, and fear of retaliation.

Compliance and enforcement (court strength)

The extent to which other actors (police, administrators, political leaders) follow court rulings and accept decisions as binding; necessary for courts to have real impact.

Court packing

Changing the number of judges (or court structure) to create a friendly majority, weakening judicial independence without abolishing courts.

Politicized appointments

Selecting judicial loyalists over professional jurists to increase political control over court outcomes.

Jurisdiction stripping

Removing sensitive issues from a court’s authority so judges cannot hear or decide politically important cases.

Selective prosecution

Unequal enforcement where opponents face the full force of law while allies receive protection or leniency, undermining rule of law.

Parallel courts / special tribunals

Creating alternative venues for political cases with fewer protections, allowing regimes to sidestep more independent or rules-bound courts.

Bureaucracy

Government agencies and non-elected officials who administer laws and implement public policy (e.g., collecting taxes, issuing permits, running schools, enforcing standards).

Merit-based civil service

A recruitment and promotion system based on exams, credentials, and performance, typically producing professionalism, continuity, and greater state capacity.

Patronage (clientelism)

Distributing jobs and contracts as political rewards to build loyalty and mobilize support; often reduces competence and can increase corruption and weak accountability.

Weberian ideal-type bureaucracy

An “ideal” model characterized by hierarchy, specialized roles/expertise, impersonal rules and procedures, and career paths with professional norms.

Centralization (bureaucracy)

A structure where national ministries control decisions across the country; can standardize services and tighten political control but may reduce local flexibility.

Decentralization (bureaucracy)

A structure where regional/state/local governments have significant administrative authority; can improve local responsiveness but may increase regional inequality or reduce oversight.

Policy implementation chain

A step-by-step view of how policy becomes reality: policy decision → rulemaking/guidance → budgeting/staffing → frontline delivery → monitoring/enforcement; failure can occur at any link.

Civilian control of the military

Civilian authorities direct the military’s mission, leadership, and budgets, and the military accepts it is not an independent political actor; strengthened by clear subordination, norms, and oversight.

Coup-proofing

Strategies (common in authoritarian/hybrid regimes) to reduce coup risk by creating overlapping security organizations and tying elite units directly to the regime—often increasing repression capacity while reducing transparency (e.g., separate loyal forces alongside the regular military).