Question

conduct a research and find two article about the administrative laws of any two countries, apart from united state. write an introduction and critical analysis on both countries. write on two double space page

Answer 1

Introduction:

Administrative law deals with decision making of the government units like tribunals, boards etc., that are part of a national regulatory machinery in diverse areas of administration including international trade, manufacturing, taxation, immigration, transportation and environment.

Administrative laws of two different countries are being brought to a study and the distinctions are drawn on the basis of the fundamental components of legal outlook and its effects on the system of governance, as a whole. It is also attempted to critically evaluate the administrative laws from diverse angles and veiwpoints. In this endeavor, the Indian administrative laws are compared to that of Japan. It gives some interesting analytical inputs and throws some light to the legal system of the countries as well as their respective social aspects. It provides some scope for topics for future debate as well.  

A breif prologue shall be given to the legal system of both the countries prior to getting into crux of the subject in contemplation. Japan the Island nation in east asia is the world's tenth largest population with 127 million people. Japan is the thirld largest economy in the world. Japan's constitution came into existence in 1947. It is a constitutional monarchy with limited powers entrusted with the Emperor. The legislative power is vested with the Diet, the executive power with the cabinet with the Prime Minister as its head. The two houses of the Diet (Japanese parliament) are the house of representatives and the house of councillors. All judicial powers are vested with the Supreme courts and lower courts. Supreme court consists of the Chief Justice who is appointed by the Emperor, as per the selection of the cabinet and 14 Justices.  

India is a federal republic which is headed by the President as the constitutional head. The legal system in India has its allegience to the British law with separate law codes applying to different religions. The constitution is based on the Government of India act of 1935 passed by the British India. In 26 January 1950, the constitution of India came into effect and is considered to be the lenghtiest written constitution in the world. The constitution of India provides details of administration of both Union and the states.  The constitution stipulates a federal structure of governance with clearly defined severance of legislative and executive powers between the Federation and the States. Even though each state government is free to draft its own laws on subjects considered to be state subjects, the laws passed by the parliament of India and other pre-existent laws passed by the central government are binding on all citizens.  

As both India and Japan follow the parliamentary system, Japan follows a constitutional monarchy like the UK, where only males can head the monarchy as there is no provision for a female emperor. Japan administrative laws has been drafted with elements of legal provisions followed by the Swiss and German legal systems. A more closer inspection of the legal system in Japan reveals that it is more closer to the United States as the absense of a special hierarchy of administrative courts is consistent with the US ideas rather than that of the European system. Many aspects of labour and corporate laws are drafted from the inspiration acquired from the US system. In the homogeneous Japanese society, the social status carries heavy obligations and community pressure is considered to be extremely powerful. In India, the administrative laws are very well structured and lengthy with wide scope and is considered to be superior to many other nations. With the high population levels, the administrative laws are handled in a comprehensive manner when it comes to legal interpretation and enforcement.

The Japanese system has an impressive bureaucratic influence over politics in policy formation as a recent survey pointed out that it was the bureaucrats that were solving Japan's policy problems compared to the politicians with an astonishing 80% swing in the bureaucrats way. In India, the administrative laws, like all other laws, are subject to stringent scrutiny by the Judiciary and it holds an edge over the politicians, when it comes to vital matters of enactment and subsequent enforcement.  

To conclude, it can be summarized as the legal systems of both India as well as Japan may be having vital components of unique distinctions in the policy formation and enforcement methods when it comes to administrative laws, but both the legal systems are tailor made to suit the social structure and distinct values of the cultural elements prevalent in their respective socities. Both the countries, it can be seen, follows strong fundamental legal jurisprudence in its essence.