Political Leadership and Observance of the Law in Bureaucratic Organizations

Respect for legal constraints by those who exercise government authority is essential to well-functioning democracies, and also a cornerstone of good governance.The question is how far the leadership in government... [ view full abstract ]

Respect for legal constraints by those who exercise government authority is essential to well-functioning democracies, and also a cornerstone of good governance.The question is how far the leadership in government bureaucracies can cause breaches of law in high quality democracies? Civil servants have a duty to obey their superiors, but also to abide by the law. What happens when the obedience comes at the cost of violating legal obligations? We have very little knowledge about how civil servants respond when political leaders make requests that entail breaches of the law, and what induces them to comply with requests versus standing firm on their legal obligations? This article examines these questions theoretically and empirically. Based on theories of bureaucratic behaviour, four main hypotheses are proposed and tested. The empirical analysis draws on a mixed methods approach using survey data from the Danish state administration. In it, civil servants have been asked to respond to vignettes involving dilemmas pitting obedience against legal obligations. The analysis investigates the role played by rational incentives as well as personal attitudes, perceptions and experiences in shaping responses of civil servants to these dilemmas. The statistical data is enriched by examining and coding statements given in the open-ended category of the survey. The study finds that a substantial share of Danish civil servants choose to comply with requests that conflict with their legal obligations. The factors that explain variation in responses include knowledge of the law (education), concerns for career and job security, normative perceptions of personal responsibility for bureaucratic acts,  as well as experience with political pressure to bend the rules.