1994 Fiscal Year Final Research Report Summary
Legal Studies on the Organization of Japanese Bureaucracy
| Project/Area Number |
05620019
|
|---|
| Research Category |
Grant-in-Aid for General Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Research Field |
Public law
|
|---|
| Research Institution | Hosei University |
|---|
Principal Investigator |
INABA Kaoru Hosei University, Faculty of Law, Professor, 法学部, 教授 (10125502)
|
|---|
| Project Period (FY) |
1993 – 1994
|
| Keywords | The National Government Organization Law / The Cabinet Law / Legal system of administrative organization / Administrative organs / Bureaucracy / Management of administrative organization / Legal control of administrative organization / 行政組織の法的統制 |
|---|
| Research Abstract |
A legal framework of the national government organization in Japan has changed in appearance fundamentally from the system of "Imperial ordinance concerned official organization" before World War II to that of "the National Government Organization Law" under the new Constitution of 1946. Does it means a substansive transformation? Majority answer "yes" and point out especially two matters in order to support such a point of view ; introduction of the parliamentary system of government and promulgation of the National Government Organization Law of 1948 which establishes the principles of "efficiency, an organic whole of the national administrative organs and organizing of the executive by law" , and adopts the concept of "administrative organs" as combined positions.
But according to recent studies it is clarified that the organization of japanese bureacracy has not changed essentially even after World War II and the legal system itself has contributed to this consequence. Because the e
… More
stablishment laws of the Ministries and Agencies were enacted practically almost independent of the National Government Law, and the Cabinet Law of 1947 adopted the system of "division of administrative affairs among the competent Ministers". Therefore it is very important today to reform the legal system of administrative organization and to enlarge provisions of the National Government Organization Law toword an effective legal control of the administrative organization by the Diet and the total administrative management organ. On the other hand, it is necessary to reconsider main characteristics of the National Government Law. It has considered until now as "the standard law" for the organization of administrative organs under the control of the Cabinet. But it must be characterized further as the law which states some rules of administrative activities, gives a few important competences the heads of administrative organs, and delegates them powers to make up its own internal organizations. Less
|
