1990 Fiscal Year Final Research Report Summary
Role of Diet Members in Legislation
| Project/Area Number |
63301068
|
|---|
| Research Category |
Grant-in-Aid for Co-operative Research (A)
|
| Allocation Type | Single-year Grants |
|---|
| Research Field |
Public law
|
|---|
| Research Institution | Hokkaido University |
|---|
Principal Investigator |
NAKAMURA Mutsuo Hokkaido Univ., Dep't of Law, Professor, 法学部, 教授 (30000665)
|
|---|
| Co-Investigator(Kenkyū-buntansha) |
INA Masaki Iwate Univ., Dep't of Educ., Associate Prof., 教育学部, 助教授 (00113655)
OKADA Nobuhiro MeijiGakuin Univ., Dep't of Law, Associate Prof., 法学部, 助教授 (60125292)
ONO Yoshiyasu Iwate Univ., Col. of Humanities and Social Sciences, Associate Prof., 人文社会科学部, 助教授 (60137453)
TAKAMI Katsutoshi Hokkaido Univ., Dep't of Law, Professor, 法学部, 教授 (70108421)
MAEDA Hideaki Komazawa Univ., Dep't of Law, Associate Prof., 法学部, 助教授 (60209385)
|
|---|
| Project Period (FY) |
1988 – 1990
|
| Keywords | Legislative process / Diet / Enactment / Member-initiated legislation / Legislation / Diet member |
|---|
| Research Abstract |
This study has been carried out by nation-wide scholars of constitutional law and political science with collaboration of legislative practitioners for three years (1988 - 90). The Diet is prescribed by the Constitution to be the sole legislative organ and is supposed to make laws. As a matter of fact, however, only fifteen percent out of all the laws passed by the Diet are initiated the Government. Besides many of the laws to implement important national policies are originated from the Cabinet. The Diet is not functioning as a legislative organ satisfactorily in spite of the constitutional prescription. This study intends to clarify the ways to heighten legislative capability of the Diet through case studies of legislations which were initiated by Diet members.
The member-initiated legislations taken up in this study can be categorized as follows :
(1) laws concerning the Diet (The 1955 Amendments of the Diet Act, which limited members' power to submit bills ; the 1986 Amendments of the Diet Act, which established the Investigation Committee in the House of Councilors ; the 1982 Amendments of the Public Offices Election Act, which introduced te proportional representation system of the Upper House ; the 1986 Amendments of the POEA, which fixed malapportionment of the House of Representatives)
(2) laws concerning education (Private Schools Promotion and Assistance Act of 1975 ; Baby Care Leave Act of 1978 ; Alien Professors Appointment Act of 1982)
(3) laws concerning regional development (Depopulated Area Development Act of 1980)
This study proposes, among others, strengthening of legislative assistance institutions, improvement of committee deliberation, disclosure of the Diet information and reform of petition procedure.
|
