1992 Fiscal Year Final Research Report Summary
Role of Executive Branch in Legislation
| Project/Area Number |
03301064
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| Research Category |
Grant-in-Aid for Co-operative Research (A)
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| Allocation Type | Single-year Grants |
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| Research Field |
Public law
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| Research Institution | Hokkaido University |
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Principal Investigator |
NAKAMURA Mutsuo Hokkaido Univ. Law Professor, 法学部, 教授 (30000665)
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| Co-Investigator(Kenkyū-buntansha) |
MAEDA Hideaki Komazawa Univ. Law Asso. Prof., 法学部, 助教授 (60209385)
OKADA Nobuhiro Meiji Gakuin Univ. Law Professor, 法学部, 教授 (60125292)
YAMAGUCHI Jiro Hokkaido Univ. Law Asso. Prof., 法学部, 助教授 (70143352)
EGUCHI Takahiro Hokkaido Univ. Law Asso. Prof., 法学部, 助教授 (10232943)
TAKAMI Katsutoshi Hokkaido Univ. Law Professor, 法学部, 教授 (70108421)
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| Project Period (FY) |
1991 – 1992
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| Keywords | Legislative Process / Government-Initiated Legislation / Executive Branch / Diet / Member-Initiated Legislation |
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| Research Abstract |
This study has been carried out for 2 years (1992-93). The government-initiated legislations play important role in legislative process in terms of quality as well as quantity in Japan. They form almost 85 per cent of legislations in the Diet, and many of the laws to impliment national policies are originated from the government. The results of this study focusing government-initiated legislation can be devided into three parts mentioned below. About half of the individual studies have been finished, but the rest are presented as interim reports due to rather short term of the project. A book will be produced containing all these studies in completed form in due course.
Part 1 deals with general themes. EGUCHI reveals that various opinions are adjusted during the preparation of a draft bill by the bureaucracy and the opposition parties can play important roles in legislation by revising government bills in the Diet. KATO studies how administrative organs adjust each positions in prepari
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ng a bill. KOBAYAKAWA deals with the role of "fundamental law" in regulating the policy making process in the executive. YAMAGUCHI compares Japan with the United States on the issue of interaction of politics and administration concerning fiscal policies in the 1980s. TSUNEMOTO surveys discussions on the legislative process models by American public law theorists. MAEDA traces the development of government initiated legislation in the United Kingdom. SHIMIZU shows points of dispute concerning legislative process study in Japan.
Part 2 contains case studies of government initiated legislations conducted by the project investigators: United Nations Peace Keeping Operation co-operation Act (MAKINO); Amendment of relevant laws and regulations following the entry into the Refugee Treaty (WATANABE); Child Care Leave Act (ONO); University Council Act (INA); Imperial Era Name Act (TAKAMI); Amendment of Local Autonomy Act (KANBARA); Election Act (OKADA).
Part 3 records the reports and Q and A's by legislative and administrative practitioners given at the project workshops including: Health Services for the Aged Act (WATANABE and OKAMITSU); Act for Protection of Computer Processed Personal Data (MATSUMURA); Large Scale Retail Store Act (FURUTA); Anti- Organized Crime Act (YOSHIDA). Less
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Research Products
(16 results)
