Administrative law week 6 definitions
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Questions and Answers

What was the primary purpose of the Meiji Restoration in 1868?

  • To promote the samurai class
  • To create more han within the existing feudal system
  • To establish a more centralized system of government (correct)
  • To maintain the status quo of local lords
  • What was the role of the samurai class during the Edo period?

  • They were primarily farmers in local domains.
  • They governed as shogun without any local lord supervision.
  • They acted as a cohesive administrative class within the Tokugawa government. (correct)
  • They served exclusively as military officials supporting local lords.
  • How did local lords maintain their positions under the Tokugawa shogun?

  • By forming alliances with neighboring clans.
  • By living permanently in Edo without returning to their han.
  • By ensuring loyalty to the shogun and effective rule of their domains. (correct)
  • By engaging in open warfare with other lords.
  • What was a significant feature of the bureaucratic changes following the Meiji Restoration?

    <p>The establishment of a cabinet system in 1885.</p> Signup and view all the answers

    Which institution was established to create talent for the central bureaucracy?

    <p>Tokyo Imperial University</p> Signup and view all the answers

    What was the name given to the newly centralized government established in 1868?

    <p>Dajokan</p> Signup and view all the answers

    What characteristic distinguished the Tokugawa government's political structure?

    <p>It was decentralized with local lords controlling their domains.</p> Signup and view all the answers

    Which country's bureaucratic model influenced Japan's central bureaucracy during the Meiji period?

    <p>Germany</p> Signup and view all the answers

    What body is granted legislative power according to the Constitution of Japan?

    <p>The Diet</p> Signup and view all the answers

    Which article establishes the principle of local autonomy in Japan?

    <p>Article 92</p> Signup and view all the answers

    In the context of the Japanese Constitution, who must the Cabinet consist of?

    <p>Civilians</p> Signup and view all the answers

    Which principle emphasizes the need for administration in Japan to act legally?

    <p>Legality</p> Signup and view all the answers

    What is NOT a mode of judicial review over administrative actions in Japan?

    <p>Review based on public interest</p> Signup and view all the answers

    Which governmental structure does Japan operate under?

    <p>Parliament-cabinet system</p> Signup and view all the answers

    According to the Constitution, who holds the final judicial power in Japan?

    <p>The Supreme Court</p> Signup and view all the answers

    What does the principle of equilibrium in Japanese administration require?

    <p>Consideration of various factors and interests</p> Signup and view all the answers

    What is the primary characteristic of bureaucracy in society according to the content?

    <p>Moral self-sufficiency</p> Signup and view all the answers

    Which body holds the highest authority in China's judicial system?

    <p>Supreme People's Court</p> Signup and view all the answers

    Which mechanism allows citizens to resolve disputes without suing in courts?

    <p>Letter-and-Visit Complaint</p> Signup and view all the answers

    What is the legal status of administrative courts in China?

    <p>They do not exist.</p> Signup and view all the answers

    What has been a reform by the central government regarding complaint mechanisms?

    <p>Discouraging the use of complaints in favor of legal processes.</p> Signup and view all the answers

    What was a primary characteristic of the ancient Chinese administration?

    <p>A centralized structure of power</p> Signup and view all the answers

    What fundamental principle is not established in the Chinese Constitution?

    <p>Separation of powers</p> Signup and view all the answers

    Which level of people's court primarily handles most trial cases in China?

    <p>People's courts at district level</p> Signup and view all the answers

    What role did the examination system play in ancient China's administration?

    <p>It helped recruit talented officials based on merit</p> Signup and view all the answers

    During the state administration period from 1912 to 1978, what was a key feature of the governmental structure?

    <p>Overlapping structures of the party and government</p> Signup and view all the answers

    How did citizens in China traditionally handle grievances prior to the establishment of formal legal structures?

    <p>By resorting to administrative complaint mechanisms.</p> Signup and view all the answers

    What was one of the significant challenges to bureaucracy identified after the reforms initiated in 1978?

    <p>A politicized bureaucracy that prioritized loyalty over expertise</p> Signup and view all the answers

    What does the moralized bureaucracy refer to in the context provided?

    <p>A system where moral doctrines replace rational governance practices</p> Signup and view all the answers

    What was a characteristic of the economic sector during the state administration period?

    <p>Use of strict plans and quotas to control production and distribution</p> Signup and view all the answers

    What was one of the fundamental path-dependent effects impacting bureaucracy in China?

    <p>Control over bureaucracy as a means to maintain political power</p> Signup and view all the answers

    What was the result of the lack of a competitive party system in the bureaucracy?

    <p>Political compliance became more important than administrative expertise</p> Signup and view all the answers

    Which remedy allows for an administrative action to be declared void without any repetition of that action?

    <p>To declare the illegality of the administrative action</p> Signup and view all the answers

    What is the primary focus for the appointment of civil servants as per the Civil Service Law of China?

    <p>Merit-based selection and moral integrity</p> Signup and view all the answers

    Which of the following principles is NOT part of the management of civil servants according to the Chinese Civil Service Law?

    <p>Independence from performance evaluation</p> Signup and view all the answers

    In the context of judicial review remedies, which option pertains specifically to addressing negligence?

    <p>To order the performance for the case of negligence</p> Signup and view all the answers

    What key aspect distinguishes the Chinese civil servant system from typical Western merit-based systems?

    <p>Inclusion of political responsiveness and control</p> Signup and view all the answers

    What is an administrative remedy that allows for a response to obvious inappropriateness?

    <p>To modify the administrative action</p> Signup and view all the answers

    Which article of the Civil Service Law indicates the requirement of recruitment through open examination?

    <p>Article 23</p> Signup and view all the answers

    Which of the following describes the obligation of civil servants in China under the Civil Service Law?

    <p>To align their roles strictly with state policies</p> Signup and view all the answers

    Study Notes

    Premodern Japanese Bureaucracy

    • Japan maintained a cohesive administrative class called samurai, meaning military officials, during the Edo period (1603-1863)
    • This period was deemed peaceful and prosperous
    • The Tokugawa shogun government ruled, although government wasn't centralized
    • Local lords, or han (domains), controlled their own domains, each with autonomy over currency, taxes, law, and police
    • Local lords were subject to shogun control
    • Han lords' positions were secure if loyal to the shogun and ruled effectively

    Prewar Period (Meiji Restoration to WWII End)

    • The Meiji Restoration (1868) aimed to integrate the feudal system and create a centralized government
    • The first centralized government, Daikan, was established, often with former han members in key positions, creating governmental cliques
    • The cabinet system was introduced in 1885, with Hirobumi Ito being the first prime minister, aiming for competitive examinations as recruitment basis
    • Tokyo Imperial University was established to produce bureaucrats in 1886
    • A nationwide local government system was implemented in 1889, classifying government into prefectures and municipalities
    • This system included two tiers: prefectures and city/town/village or municipalities
    • Bureaucracy in Japan was modeled after Germany's system

    Postwar Japan

    • The Constitution of 1946 introduced the principle of separation of powers, becoming effective in 1947
    • The Diet (legislature) has legislative power
    • The Cabinet holds executive power
    • Judicial power belongs to the Supreme Court and lower courts

    Japan - Administrative Values

    • Japanese administration functions under the principle of legality
    • Administrations should consider all factors, opinions, and interests
    • The principle of seniority is used in determining ministry entry order

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    Explore the evolution of Japan's bureaucratic system from the Edo period through the Meiji Restoration to the end of WWII. This quiz covers key historical frameworks and significant changes in governance and societal structure during these pivotal times in Japanese history.

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