Administrative law week 6 definitions

A class of military officials in Japan, who constituted a powerful administrative class during the Edo period (1603-1863). They generally served the local lords and were responsible for maintaining order.

The period in Japanese history from 1603 to 1863, known for its relative peace, economic prosperity, and strong centralized rule.

A system of government in Japan during the Edo Period wherein local lords, called daimyo, held control over their own domains. This system was decentralized with local lords exercising relative autonomy.

A system of government established in Japan following the Meiji Restoration in 1868, marking the transition from feudalism to a modern, centralized state. It aimed to integrate the past feudal system with modern administration.

A system of government introduced in Japan in 1885, modeled after the German system. It established the prime minister as the head of the government and introduced a more modern, accountable form of governance.

A key institution in Japanese administration established in 1886 to cultivate young talent for the bureaucracy, playing a vital role in the development of a professional and highly competent civil service.

A system of local government established in 1889 during the Meiji era in Japan. It consisted of two tiers: prefectures (ken) and municipalities, and was designed to centralize control over local administration.

The period in Japanese history from 1868 until the end of World War II, marked by significant modernization, industrialization, and political change leading to the rise of Japan as a major international power.

The principle of separation of powers, as outlined in the Japanese Constitution of 1946, divides governmental authority into three branches: the legislative (Diet), the executive (Cabinet), and the judicial (Supreme Court and lower courts).

The Diet, Japan's parliament, is the highest authority in the state, possessing the sole power to create laws.

The Cabinet, headed by the Prime Minister, holds executive power in Japan, responsible for implementing laws and policies.

The Supreme Court, as the highest judicial body, and lower courts are vested with judicial authority in Japan, responsible for interpreting laws and resolving disputes.

The Constitution of Japan guarantees local autonomy, allowing local public entities to establish their own assemblies for deliberation and governance.

A core principle of Japanese administration is Legality, meaning that administrative actions are only permissible if explicitly authorized by law.

Another key principle of Japanese administration is Equilibrium, encouraging officials to consider all relevant factors, opinions, and interests in decision-making.

Seniority in Japanese administration is determined by the year an official joined their ministry, influencing their position and responsibilities.

China's ancient administrative system was highly centralized, relying on a formal examination system to recruit officials and emphasizing morality as the foundation of good governance.

A period in Chinese history marked by frequent battles, wars, and political disintegration. This period saw two civil wars between the Kuomintang and the Chinese Communist Party.

The creation of the People's Republic of China in 1949 marked the end of the civil war and the beginning of a new political system.

The Chinese Communist Party (CCP) exerted direct control over the administration during this period. The economy was heavily controlled, with strict plans and quotas governing key aspects of production and distribution.

Reform efforts in China's administration since 1978 aim to modernize the system, drawing on its history while introducing new elements.

The lack of popular elections and a competitive party system created a politically motivated bureaucracy. This system emphasized loyalty over expertise, hindering efforts to professionalize the bureaucracy.

Moral doctrines were often used instead of rationalized institutions and the rule of law. This could lead to bureaucratic opacity and difficulty in holding officials accountable.

China's administrative reforms aim to address the challenges of its politicized and moralized bureaucracy. It aims to develop a more professional, accountable, and transparent system.

A legal remedy that allows a court to declare an administrative action illegal without ordering it to be repeated.

A legal remedy that compels an administrative body to perform a duty it has neglected.

A judicial remedy where a court can modify an administrative action when it's clearly inappropriate or unreasonable.

Openness, equality, competition, and merit-based selection are key principles in selecting civil servants in China.

The Chinese civil service system blends Western meritocratic principles with a strong emphasis on political loyalty to the CCP.

Chinese officials must demonstrate strong moral character and professional competence, with moral integrity taking precedence.

The Chinese civil service system incorporates a job classification system, open competitive examinations, and modern performance evaluation methods.

The Chinese civil service system emphasizes both supervision and constraint as well as incentives and work-related benefits.

The Chinese Constitution does not explicitly establish the principle of the separation of powers, meaning that the powers of the state are concentrated into the people's congresses, including the National People's Congress and local people's congresses.

The highest court in China, responsible for overseeing the entire judicial system and ensuring consistency in legal interpretations.

A mechanism in China that allows citizens to resolve disputes with administrative authorities by appealing to higher government organs or the same level of people's governments.

A traditional method of addressing complaints in China, predating the PRC, where individuals could bring their concerns to higher levels of government without formal legal proceedings. This system is being gradually replaced by formal legal procedures.

China's legal framework does not include specialized administrative courts. The general courts handle both administrative and civil cases.

The Chinese judicial system has four levels of courts: the Supreme People's Court, Higher People's Courts, Intermediate People's Courts, and People's Courts at the District level. The lower level courts handle most cases, while the higher courts have appellate jurisdiction.