How can an institution be captured if no one ordered every employee what to do?
The institution remains independent only on paper when it retains its name, office and legal powers, but does not have the freedom or strength to use them against the powerful. The government can choose its executives, keep them in temporary status, withhold money and people, control access to data or simply ignore decisions.
Employees then learn to solve harmless cases, and sensitive ones are delayed, narrowed or closed without a clear order. That is why statistics on the number of solved cases can be misleading: the institution can be effective towards ordinary citizens, and powerless towards the top of the government. Real independence is seen in politically difficult cases can the body only initiate proceedings, get information, publish the findings and ensure that someone implements the consequences.
An institution can do ordinary work well, and withdraw only when the case hits the top of the government. That is why independence should be checked by the type of case.
Works supporting this answer, with their evidence type and an explanation of how they relate to the claim.
review more research
Moustafa, T. (2014), „Law and Courts in Authoritarian Regimes“, Annual Review of Law and Social Science 10: 281–299.
- Contribution to this answer
- Moustafa shows that the institution does not have to be completely abolished or turned into an obedient apparatus for the government to benefit from it: the courts can continue to resolve many real disputes, while the most politically sensitive cases face different boundaries. That is why the institution can look functional in everyday work, and yet be much weaker exactly where it should control the powerful.
comparing several countries or cases
Scheppele, K. L. (2018), „Autocratic Legalism“, University of Chicago Law Review 85(2): 545–583.
- Contribution to this answer
- Scheppele shows how the control of the institution can be built through a series of seemingly separate legal changes through the method of appointment, jurisdiction, procedure and organization so it is not necessary to issue a political order to every employee. When it is changed who decides on careers and what the institution can realistically do, people begin to adapt their behavior to new borders.
review more research
Dahlström, C. i Lapuente, V. (2022), „Comparative Bureaucratic Politics“, Annual Review of Political Science 25: 43–63.
- Contribution to this answer
- Dahlstrm and Lapuente show why it is important how the bureaucracy is organized, not just what the law formally mandates: the relationship between political control and professional autonomy affects who is making progress, how decisions are made, and how many officials can act on expert criteria when they conflict with the interest of the political leadership.
surveys in several countries
Schuster, C. i dr. (2022), „Exit, Voice, and Sabotage: Public Service Motivation and Guerrilla Bureaucracy in Times of Unprincipled Political Principals“, Journal of Public Administration Research and Theory 32(2): 416–435.
- Contribution to this answer
- Schuster and co-authors show that professionally motivated officials do not all respond to politically problematic orders: some try to change the decision, some obstruct it, and some think about leaving. An important consequence is that it is precisely those who want to protect the public interest that can leave the institution over time, so the government gets fewer and fewer internal obstacles and no mass purge.
Investigation of the conduct of civil servants
Gilad, S., Sulitzeanu-Kenan, R. i Levi-Faur, D. (2025), „A Taste for Government Employment Also Rests on Its Political Flavor“, Public Administration Review 85(5): 1412–1425.
- Contribution to this answer
- Gilad, Sulitzeanu-Kenan and Levi-Faur show something that happens even before entering the institution: in a politically polarized environment, people closer to the opposition are less inclined to choose a job in the state administration. If such selection is repeated, the political environment can change the composition of the bureaucracy over time and without orders from existing employees.
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