Chapter 27: ADMINISTRATIONS OF THE WORLD


Introduction to administrative system in UK


British system is flexible, unitary, parliamentary government, sovereignty of British parliament, no judicial review of laws, rule of law and constitutional monarchy. Oldest constitution of the world by is unwritten and is composed of political conventions, charters [historical documents], statutes, common laws, legal commentaries by experts. The judiciary can't question laws made by the parliament as no judicial review is there. Also British constitution can be amended by parliament like an ordinary law.

Bicameral House
  1. House of Lords: Lords, peers, nobles etc It represents aristocracy and has 677 members. Membership is hereditary.
  2. House of commons: 659 members elected by the people.


British cabinet: Prime minister and his cabinet but can be only from members of the House of Commons unlike India where both houses are allowed. Dominant role of PM in politics and administration. Leader of opposition is an alternative PM. He enjoys status of a minister. Every member of the government is shadowed by an opposition member who critically watches the working of the department. PM and ministers are appointed by the Queen and so PM can't remove ministers at will.


British Civil Service:


Bureaucracy selected on merit by a qualifying exam followed by individual and group interviews. Civil service boards would then take candidates to a country house for an extended interview session. Political rights are enjoyed by lower rung bureaucrats and rights of higher officers are restricted. Right to join unions is there but no right to strike. For negotiations between employee and employer Whitney councils are present at national, department and local levels. These councils have advisory, non binding recommendations. The arbitration awards by tribunals which have to be compulsorily consulted for grievance redress are final and binding. Parliament can overrule them.


British Parliamentary Commissioner: He is an ombudsman to look into grievances of citizens regarding administration. Citizens can approach him only through their MP's.


British local government: Britain is unitary and so parliament can abolish local governments or create them for administrative convenience.


French Constitution


It is a written constitution with rigid amending procedure. The system of government is unitary. The form of government is quasi Presidential and quasi Parliamentary. President is directly elected by the people for a five year term. He must get absolute majority of the votes cast or else a second election is held with only top two members can contest. No formal age, education or qualifications is prescribed for the president.


French Legislature:


It is bicameral with lower house as National Assembly with 577 members and 5 year term and directly elected and upper house called Senate with 321 members with 9 year term and indirectly elected.


Constitutional council is an advisory body with non binding opinion and has 9 members with 9 year term. It acts as a judicial watchdog and ensures executive degrees and parliament laws conform to constitution.


French Civil service:


Right to form associations and join politics is given to them. They can also contest elections. Right to strike only as a last resort. French civil service is recruited by open competitive exam, pre entry and post entry training is also done.


French administrative courts


The actions made by a civil servant while performing official acts can't be challenged in ordinary courts and there are special administrative courts for that. they can annul decisions made by officials. Their decisions can't be challenged.


Japanese Administration


Constitution is written and rigid. The Diet i.e. legislature shall pass a proposal by 2/3rd majority and a special public referendum is made. Then the Emperor can promulgate such an amendment. The government is unitary with provinces only have powers delegated by central government to it.


Parliamentary government with PM as head of government and Emperor as head of state. PM is the leader of the largest party of the Diet. Emperor appoints PM and ministers on advice of PM. PM can advice Diet to remove ministers any time. Cabinet must resign if No Confidence motion is passed. Majority members must be from Diet.


Supreme court is the court of last resort and can declare laws as unconstitutional. The Judicial review is mentioned in the constitution. Constitution is the Supreme Law of the Land. It grants citizens large number of inviolable and justifiable rights. Japanese constitution has renounced right to war but can have self defense forces.


Legislature


Bicameral legislature with Upper House with House of Councillors - 252 members and 6 year term. Lower house has 512 members and 4 year term. Lower house is more powerful in financial matters.


Civil Service


Bureaucracy is chosen on basis of merit. Promotions too are made on examinations or by scrutinizing past records. Once inducted the civil servant remains in the same ministry for his entire career. The members of the service can have associations except police personnel but can't strike. Other rights too are restricted but can vote.