Administrative System of France and Japan
Administrative System of France and Japan
Administrative System of France and Japan
FRANCE
INTRODUCTION
France as a country is described as a laboratory of political experiments with the most
vivacious revolution followed by an illustrious constitution at its disposition. Before the
French Revolution that began in 1789, France was an absolute monarchy. The Revolution
put an end to absolute monarchy and swept away the feudal privileges of the nobles. The
constitution of the fifth republic provides for a strong president. It combines the elements of
both parliamentary and presidential system. The President is the head of the government as
well as the head of the state. In 1958, France witnessed a grave and very critical situation.
On June 1st 1958 the Fourth Republic came to an end. The National Assembly handed over
its law-making power to Gen. De Gaulle and adjourned. Constitution making was one of the
functions that had been assigned to De Gaulle‟s Government by the French Parliament. .
Since 1789, as a nation it had had no less than twelve regimes and thirteen constitutions.
With a rich history of political evolution, France combines democratic principles with a
robust bureaucracy to ensure efficient governance.
1. Political System
1.1 Structure of Government
France’s political system is based on the Constitution of the Fifth Republic, dividing power
among the executive, legislative, and judicial branches.
• Executive Branch:
President: The President is the head of state, elected for a five-year term. The President holds
significant powers, including appointing the Prime Minister, dissolving the National
Assembly, and serving as Commander-in-Chief.
Prime Minister: Appointed by the President, the Prime Minister leads the government,
oversees the execution of policies, and manages day-to-day administration.
• Legislative Branch:
France has a bicameral legislature consisting of:
National Assembly: Directly elected representatives who pass laws and oversee the executive
branch.
Senate: Indirectly elected representatives who review legislation and represent local
governments.
• Judicial Branch:
The judiciary is independent and ensures laws comply with the Constitution. The
Constitutional Council oversees the legality of laws, while courts like the Council of State
(Conseil d’État) handle administrative disputes.
1.2 Political Parties
France’s multi-party system includes major parties like La République En Marche! (center),
Les Républicains (right), and La France Insoumise (left). Coalitions are common due to the
fragmented political landscape.
1.3 Electoral System
France employs different electoral systems:
• Presidential Elections: Two-round system requiring a majority.
• Parliamentary Elections: Majority-runoff voting in single-member districts
1.4 Constitution
The constitution of France was drafted by the Fifth French Republic drafted by a Ministerial
Committee headed by Michel Debre under the authority of General de Gaulle was submitted
to a popular referendum of September, 1958 and by October 7, 1958 the new constitution
came into force. The prime objective to draft the constitution was establishing a stable
executive with the rendering of more powers. The Constitution is a detailed document of 92
Articles, grouped in 15 Chapters; and a Preamble. The Preamble is the proclamation of the
solemnity to the Rights of Man and to the principles of national sovereignty as given by the
Declaration of 1789. The source of authority to the Constitution is the people. Likely to the
constitution of the Fourth of Republic, the Constitution declares France, "a Republic,
indivisible, secular, democratic and social", thus, ensuring equality to its citizens without any
discrimination. Also, it is a rigid constitution with an amendment referred in Article 89,
whereby, the initiative for the same lies with the President and the Republic on the proposal
of the premier submitted to the members of the Parliament. The proposed amendment can be
approved by a 3/5"' majority of the votes cast.
2. ADMINISTRATIVE SYSTEM
The French administrative system is characterized by supremacy of the President in the
Republic; wherein, he is elected for a term of seven (7) years directly by universal suffrage
(since 1962). However, this term has been reduced to five (5) years since September 24,
1999. Although the President has no direct executive powers yet he renders the following
administrative functions :
• It is the President who appoints the members of the premier and terminates the functions
upon the submission of the resignation.
• He also presides over the Council of Ministers and has the capacity to materially influence
their decisions and policy promulgations.
• Being the commander of the forces he is also in charge of making official civil and military
appointments.
• He has been provided with emergency powers under Article 16.
• In the light of the wide powers granted to him, he can overshadow the Parliament, the
Constitutional Council and the Council of Ministers.
• The indirect involvement of the President in the administrative activities is aided and
assisted by the Prime Minister and his ministers, etc.
The French Parliament is a bicameral legislature, with the National House (lower house) and
the Senate (upper house). The deputes of the lower house are directly elected by suffrage,
with the ultimate government responsibility towards them and the prime instrument of
legislation; whereas, that of the upper house is instituted on the basis of indirect suffrage,
making it purely a functionless authority.
The laws made in France primarily revolve around Administrative Laws and
Administrative Courts. The Constitution has established three organs of the judiciary
i.e.
► The High Council, which primarily assists the President.
► Article 67 lays the establishment for the High Court of Justice
► The Constitutional Council which possess powers and elements provided by
the new Constitution.
3. FRENCH CIVIL SERVICES
3 categories- state, local and hospital civil services. In the French system of governance the
civil servants enjoy a strong and powerful position. This strong foothold is mainly due to two
reasons, namely,
► The system of governance is based on the principle of centralization of administration,
wherein, civil services form the law enforcing authority.
► The service cadre is accorded a separate and higher place in the society.
► It is a service which is dominated by law experts.
► The services are taken as a career service and the officers enjoy political rights i.e. they
can participate in political meetings with no bar on public campaigning.
The civil servants of France are divided into 'corps', which is further divided into 'ranks' and
further classified. Members of the great administrative services corps are well represented in
politics. A unique feature provided to the French civil servants is their right to join political
parties and to participate in politics. Being one of the oldest forms personnel systems the
French institution was referred to as 'Prefects'. The Ecole National d' Administration is a
highly competitive entrance exam since 1945 for those who wish to join the administrative
services.
4. Budgetary System
The French budgetary system is centralized and follows strict legal and constitutional
frameworks. The budget is proposed by the government and approved annually by the
Parliament, consisting of two parts: the general budget and special accounts. The system is
governed by the Organic Law on Finance Laws (LOLF), which emphasizes transparency,
accountability, and performance-based management.
The Ministry of Economy and Finance oversees the preparation, execution, and monitoring
of the budget. France adheres to the European Union’s Stability and Growth Pact, ensuring
fiscal discipline and controlling deficits. Reforms focus on modernizing public finances and
reducing debt.
5. LOCAL GOVERNMENT
The Constitution of France provides for a unitary form of government, wherein, the powers
of the government are vested in the supreme Central Government. It has the powers to create
and abolish the units of local government for administrative convenience. Thus,
centralisation forms the most important feature of the local government controlled by the
central government through the Minister of Interior as the final authority. In fact, the local
government is an authority which is neither autonomous nor self-governing. Another
important facet of the local government is its rigidity, namely, organisational pattern and its
powers and functions. These local units are divided into four types-
• Department
• Arrondisement
• Canton
• Committee
These units are controlled by an elective council comprising of the Prefects, Sub-Prefects
and Mayors; uniformly applicable to the entire country
6. CONCLUSION
In conclusion, the political and administrative systems of France reflect a well-structured
blend of centralized governance and democratic values. The semi-presidential system
ensures a balance of power between the executive and legislative branches, fostering stability
and accountability. The administrative system, characterized by a professional and
meritocratic civil service, plays a crucial role in policy implementation and public service
delivery. While traditionally centralized, France has also embraced reforms to decentralize
governance, empowering local authorities. Overall, France’s political and administrative
frameworks enable effective governance while maintaining flexibility to adapt to modern
challenges.
JAPAN
INTRODUCTION
A nation also called the 'England of the East'; Japan is a group of islands which have thrived
as a nation after the industrial revolution by significant changes which has established it as a
thriving example of industry, commerce, finance and agriculture. The nation today is though
in an advanced stage yet has come over a long period characterized by monarchy, feudalism
and democracy. Although, the Emperor had never ruled effectively yet the people instil deep
faith in monarchy with a sovereignty resting in the hands of its populace i.e. democracy.
1. Political System
1.1 Structure of Government
Japan’s political system operates under the Constitution of Japan (also known as the Postwar
Constitution), which establishes a separation of powers and a system of checks and balances.
• Executive Branch:
Emperor: The Emperor is the ceremonial head of state with no governing powers. His role is
largely symbolic, representing the unity of the Japanese people.
Prime Minister: The Prime Minister is the head of government and holds executive power.
Appointed by the Diet, the Prime Minister is responsible for policy-making and the overall
administration of government.
Cabinet: The Prime Minister appoints members of the Cabinet, who head various ministries
and agencies.
• Legislative Branch:
Japan has a bicameral legislature, the National Diet, consisting of:
House of Representatives: The lower house, directly elected by the people, with significant
legislative power, including approving budgets and electing the Prime Minister.
House of Councillors: The upper house, which reviews legislation and plays an advisory
role.
• Judicial Branch:
The judiciary is independent, and its primary function is to interpret laws in accordance with
the Constitution. The Supreme Court is the highest judicial authority, while lower courts
handle civil, criminal, and administrative cases.
1.2 Political Parties and Elections
Japan operates a multi-party system, but the Liberal Democratic Party (LDP) has been the
dominant force in Japanese politics for most of the post-war period. Other notable parties
include the Constitutional Democratic Party of Japan (CDP) and the Komeito Party.
Elections are held regularly, with the most important being the National Diet elections,
where members of both houses are elected through a mixed system of proportional
representation and single-member districts
1.3 Constitution
As a nation Japan had promulgated its Constitution on November 3, 1946; the
birthday of the Emperor Meiji and it came into application after six months i.e., May
3,47. The constitution consists of a Preamble and 103 Articles grouped into eleven
chapters. The previous constitution is referred as 'The Constitution of the Empire of
Japan' while the new constitution is called 'The Constitution of Japan'. The new
constitution recognises that ultimate sovereignty resides with the people whereas the
old had empowered the Emperor. It grants its citizens a truly imposing list of rights,
freedom of thought and conscience, religious and academic freedom, equality before
law, rightful and peaceful petition; with equal rights given to women and regards
'Diet' as the highest organ of state power.
ADMINISTRATIVE SYSTEM
The administrative system of Japan is constituted by the Emperor of Japan; the Prime
Minister, the Cabinet, the Diet and the Supreme Court as the principle organs of
governance.
As the titular head of the state the Emperor enjoys a symbol of statehood and
unify of the people; rather it is the people who are the sovereign authority in the
nation. The matters of the state are acted upon by the Emperor by the approval and
advice of the Cabinet; thus, making the latter responsible for the Emperor's actions.
He has no political and constitutional powers, thereby, making his position and role
insignificant in the government machinery. However, he appoints the designated Prime
Minister as approved by the Diet; also promulgates the all laws and amendments
without any power to dissolve a resolution. He also makes the appointment of the
Chief Justice. Thereby, the Emperor reigns but does not rule; henceforth, the
ceremonial role of the Emperor without any discretion in the exercise of any functions.
With the Constitution of Japan providing for a parliamentary form of government, the
real political executive is the Cabinet, as the highest organ of the executive it rules the
country whilst directing its government and administrative machinery. As a cohesive
body it works on the principle of collective responsibility and it responsible to the
Diet. The constitution makes the Prime Minister the undisputed head of the country;
with each ministry headed by a Minister. Herein, each house of the Diet separates
votes and elects the P.M.; normally he is the leader of the majority in the House of
Representatives. The Prime Minister of the country is more akin than his counterpart
in England; however, the impact of the American President is manifest
from the dominant role granted to the premier in constitution which allows his
superiority over his colleagues.
Diet, is the highest organ of state power which comprises of two houses,
namely, the House of Representatives and the House of Councillors. The former is the
lower house of elected representatives with a period of four years subjected to
dissolution; while the latter is a permanent body with half of its members retiring
every three years.
JAPANESE CIVIL SERVICES
The Japanese civil services today boasts of a workforce for over a million
employees but has started as a government body with major changes after the Meiji
regime. Some of the evolutionary landmarks in the growth of the civil services are the
Occupations Authorities (1945-52), the United States Personnel Advisory Mission
(1946), the National Public Service Law (1947), the Mac Arthur Constitution of 1947,
the First Provisional Commission for Administrative Reform (1962) and the Second
Provisional Commission for Administrative Reform (1981).
Today with even a higher number which decreased after the post-war period
due to rampant privatization of public institutions. Most importantly after the decline
of the Japanese asset price bubble private services were reduced and cut, thus, the
public officials still enjoy varied perks and privileges. The National Government civil
services are divided into two groups, namely, the special and regular categories.
BUDGETARY SYSTEM
Japan’s budgetary system is highly structured and follows a strict legal framework. The
budget is proposed annually by the Prime Minister and Cabinet, and must be approved by
the National Diet. The budget includes both the General Account (covering most
government operations) and Special Accounts (for specific sectors like social security and
national debt). The Ministry of Finance plays a central role in the formulation, execution,
and monitoring of the budget. Japan adheres to a disciplined fiscal policy, aiming for
balanced budgets while managing public debt and ensuring social welfare programs.
JAPANESE LOCAL GOVERNMENT
The principle of decentralization is the touchstone of local governance in Japan
introduced similarly to the concept of democracy post the Second World War by the
Occupation Authorities. The organizational structure, powers and functions of the
institutions of local government are determined by the Constitution and the Local
Autonomy Law, 1947. Though there exists a unitary form of government yet the
Japanese Constitution grants extensive and autonomous rights to the units of local
Government.
are granted in the ambit of the Local Autonomy Law, 1947
which supplements the constitutional provisions by taking away the powers of the'
central government to control the lower rungs of governance and further. Also, it
provides for the implementation of direct democracy in Japan.
The following units of local government are established in Japan :
• Prefecture
• City
• Town
• Village
For the purpose of local administration, the entire nation is divided into forty-
six prefectures, wherein, each prefecture is further sub-divided into cities, towns and
villages. Also, the executives of the central civil service agency are different than the
local government civil services; as the latter recruits its own officials who remain in
their respective careers throughout.
CONCLUSION
In conclusion, Japan’s political and administrative systems are characterized by a blend of
tradition and modern governance. The constitutional monarchy, paired with a parliamentary
system, ensures a stable and democratic framework. The efficient and professional
bureaucracy plays a crucial role in policy implementation and governance, while
decentralized local governments promote regional autonomy. Japan’s system balances
centralized control with local participation, fostering political stability, effective
administration, and long-term economic growth. This well-structured framework has helped
Japan maintain its position as a leading global power.