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Brief Description of the Country and its
National/State Government Structure
Demography
In 1995, the population of Japan was about 125 million with
a population density of approximately 337 people per square
kilometre.(1) Nearly 80 per
cent of the entire population lives in urban areas.(2)
The number of households was about 44 million and the average
family size was 2.85 persons. Since around 1960, there has
been a Shift in population to Tokyo, Osaka and Nagoya, resulting
in depopulation in the regional rural areas. As a result,
about over 40 per cent of Japanese live in these three major
urban areas. (3) In 1994, Japan's
Gross Domestic Product (GDP) was US $4,590 billion, which
was about 18 per cent of the world's GDP, second only to the
USA, which was roughly 26 per cent.(4)
Japan's recent economic growth rate has slowed with an average
rate of 3.6 per cent from 1974-1993.(5)
The breakdown of GDP mainly consists of manufacturing (30
per cent), services (31 per cent), wholesale and retail (13
per cent), real estate (13 per cent) and construction (11
per cent), while agriculture, forestry and fisheries make
up only 2 per cent of GDP. (6)
National governmental and political structure
The Diet is the only legislative organ, while the Cabinet
functions as the executive body and Law Courts as judicial
organs. These branches are separated from the Diet representing
the highest organ of national power. The Diet comprises the
House of Representatives and the House of Councilors. The
House of Representatives has 500 seats in the Diet, with a
4-year term for each member. General election is usually held
before the end of their terms. The House of Councilors has
252 seats, with a 6-year term for each member and an election
every 3 years for half of the members. Representatives from
both Houses are selected through election. The Cabinet is
the supreme executive body on administration matters and is
collectively responsible to the Diet in the exercise of its
executive power. There are about 1,162,000 central government
officials working for ministries and agencies. The judicial
branch consists of three tiers with the Supreme Court as the
highest organ. Next there are 8 High Courts, handling trials
submitted by the District Courts, Summary Courts or Family
Courts. There are 50 District Courts, 448 Summary Courts handling
less serious crimes and 50 Family Courts that handle family
disputes.(7)
Japan is divided into 47 prefectural areas that are further
sub-divided into municipalities. The prefectures and municipalities
are corporate bodies, independent of central government and
fully able to carry out their respective duties. Chapter eight
of the Constitution guarantees local autonomy and describes
the basic functions of local government. Article 92 specifically
provides that local authorities be organized and operated
according to the principles of local autonomy, while the Local
Autonomy Law of 1947 provides the legal foundation. The Constitution
guarantees the continuity of local government, which can only
be abolished by constitutional amendment.
Evolution of Local Government, its Legal
and Political Background
Each of the municipalities in Japan has their own unique
history. For example, the term city may refer either to a
municipality that has held this status since the Meiji Period
(1868-1912), a town that was incorporated as a city after
the war or a city that was amalgamated only recently from
several towns and villages. Nevertheless, the origins of the
present system of cities, towns and villages can be traced
back about a century to 1888.
During the Edo Period (1603-1868) Japan was split up into
divisions smaller than the prefectures of today known as Han,
or feudal domains, which enjoyed a considerable degree of
independence. As part of its vigorous programme of modernization
the Meiji Government abolished the old domains in 1871 and
replaced them with prefectures whose governors were appointed
by the central authorities, which established a centralized
form of administration. A new division, the Ku or
ward, likewise replaced the familiar towns and villages that
had looked after local affairs since the Edo Period and served
as the smallest unit of administration. However, the new system
proved unsatisfactory in several respects and a series of
reforms was gradually implemented. As a result, Japan's first
integrated system of local government took final shape with
the institution of the system of cities, towns and villages
in 1888 which was followed in 1890 by a system of prefectures
and counties.
The state exercised tremendous control and this arrangement
did not provide the means for actual local self-government.
Nevertheless, many individual elements of the system have
continued down to the present day with the foundations of
local self-government in Japan being set forth during this
time. This old system of local government underwent a number
of changes, until a new one was established after the Second
World War. In terms of its overall historical development,
from the latter part of the Meiji Period through the Taisho
Period (1912-1926) and the opening years of the Showa Period
(1926-1989), revisions were made expanding local autonomy
by extending civil rights, strengthening the powers of local
assemblies and diminishing the degree of state supervision.
The country, however, then descended into an increasing wartime
atmosphere and the system of local administration was brought
firmly under the control of the central government. In 1943
a centralizing programme of reform was implemented which extended
state authority through every level of administration, while
at the same time Tokyo was incorporated as a metropolis, marking
the birth of the Metropolis of Tokyo, as it is known today.
Postwar reforms and developments
Democratization became Japan's top priority with the end
of the war. First, the system of local government was reformed
to provide foundations upon which to build. In 1946 the government
of metropolitan Tokyo and the organization of municipal government
at the city, town and village levels were overhauled. As part
of a series of measures designed to strengthen the independence
and autonomy of local government, entrench the rights of citizens
and ensure a fair and impartial system of administration,
franchise was extended on an equal basis to all citizens who
had reached the age of majority and governors, mayors and
assembly members became subject to direct election by the
citizenry.
The new Constitution of Japan promulgated in November 1946
treated local self-government as an indispensable element
of democracy and guaranteed local self-government as a system
with a chapter devoted especially to the subject. A Local
Autonomy Law that further bolstered these reforms was then
enacted and took effect along with the Constitution in 1947.
Thus, the foundations of the present system of local self-government
took final form. Following the Local Autonomy Law's enactment
in 1947, numerous amendments were made during the period leading
up to 1956. First, the system was reformed to boost the autonomy
and independence of local government as well as promote both
democratization and decentralization. Local public entities
were empowered, for example to perform functions involving
restrictions on the rights of citizens on their own authority.
In 1953, a comprehensive reorganization of municipalities
took place with the introduction of the Towns and Villages
Merger Promotion Law. As a result, in a period of three years
from 1953 to 1956 the number of municipalities was reduced
from 494 to 286 and that of towns and villages from 9,852
to 3,477. In 1954, the municipal police system was abolished
and changed to a prefectural police system. In April 1956,
building upon the changes brought about by the ratification
of the peace treaty, the system was reorganized in a manner
which reflected actual conditions in Japan given the practical
administrative experience gained since the Local Autonomy
Law came into force. Likewise, consideration was given to
questions of efficiency as well as democratization. At the
same time mergers of cities, towns and villages were encouraged
in order to create municipal units that were fully capable
of carrying out their new duties. The period of 1955 to 1960
has been referred to as the era of rehabilitation of local
public finance. In 1954, the general deterioration of local
public finances became apparent, with a third of all local
public entities in deficit. To deal with this situation, in
1955 the Special Measures Law on Local Public Finance Reconstruction
Promotion was enacted. In the five-year period ending in 1960,
the reconstruction of public finance made commendable progress,
due to the increase of tax revenues, owing to economic growth.
As a result, the number of local public entities in deficit
greatly decreased. (8)
From 1961 to 1964 Japan experienced regional development
and fast economic growth. The concentration of industries
and population in the large cities increased significantly.
In order to achieve balanced national development, it became
necessary to control excessive influx to large urban areas
and to promote the development of other areas, in particular
the local areas. For this purpose, the New Industrial Cities
Construction Law was introduced in 1964 and regional development
was promoted mainly through local public entities. At the
same time, the importance of a wide-area administration, or
coordinated local administration with an area wider in scope
than existing municipalities, was emphasized. To manage this
new need for wide-area administration, larger areas for municipal
cooperation were formed on the basis of the area of daily
life throughout the urbanized and rural areas.
The period from 1965 to 1974 was the era of welfare for residents.
During this period, environmental problems caused by rapid
economic growth became apparent nationwide. This necessitated
a change in priority from economic growth and development
to environmental protection and residents' welfare. The economy
slowed after its unprecedented growth from 1965 to 1974 due
to the oil shock of 1973 and its aftermath. After 1975, the
central and local governments developed large financial deficits
resulting in a huge public sector debt and the consequent
deterioration in the financial structure.(9)
In the 1980's, an important issue of both central and local
governments was financial reconstruction and administrative
reform. The central government created the Special Advisory
Council on Enforcement of Administrative Reform. The cooperation
of central and local governments towards administrative and
financial reform characterized this period.
In 1994 the law was amended on the basis of a report from
the Twenty Third Regional System Study Council, creating the
following:
- A core city system, designed to boost the administrative
authority of cities which have relatively large capabilities
and scale as social entities and to enable them to carry
out government as close to the residents as possible;
- A wide-area cooperative system, designed to cope effectively
and efficiently with diversified wide-area administrative
needs and to improve systems for accepting transfer of authority
from the state.
At the same time, in an effort to reform the system of centralized
authority existing since the Meiji era into a new one involving
regional devolution, a joint decision was reached by both
Upper and Lower Houses in 1993 on promoting regional devolution
whereas its guiding principles were decided by the Cabinet
in 1994. Finally, the Regional Devolution Act was passed in
1995 and efforts promoting regional devolution are now recognized
as the Third Wave of Reform after the historic Meiji Restoration
and postwar reforms. Within a period of 5 years, the Regional
Devolution Act aims to achieve its objectives through comprehensive
and planned efforts. In the future, the government will draw
up and gradually implement regional devolution promotion plans
bases on guidelines recommended by the Regional Devolution
Promotion Committee.(10)
Local Government Categories and Hierarchies
Local government has its basis in the Constitution of Japan,
which recognizes it as essential to democracy and establishes
it as part of the nation's system of governance. The Local
Autonomy Law stipulates that local governments are corporations
created for specified areas within national territories to
manage public administration. The organization of Japanese
local government is similar to the presidential system in
the United States where the citizens as well as the members
of assembly choose the chief executive in direct elections.
The Local Autonomy Law divides local government into two major
categories: ordinary local public entities and special local
public entities.
However, most local governments that consist of prefectures
and municipalities are classified as ordinary local public
entities. The category of special public entities includes
special wards, municipal cooperatives, property wards and
Local Development Corporations.
Ordinary local public entities
Prefectures are large local governments which have a wider
base with a more intermediary role compared to municipalities.
Prefectures and municipalities are of equal standing. There
are 47 prefectures, of which Tokyo is in fact a metropolis,
designated as To in Japanese. Hokkaido is the only
prefecture designated as Do, while Kyoto and Osaka
prefectures are referred to as Fu. The remaining
prefectures are referred to as Ken. Each of the 47
prefectures has its own unique character. The difference between
the four designations is only historical with no major difference
in their function. For example, Tokyo is home to over ten
million people, while the smallest prefecture, Tottori Prefecture,
has a population of only slightly more than 600,000. Hokkaido
has an area exceeding 80,000 square kilometres, while Kagawa
Prefecture is less than 2,000 square kilometres in size.(11)
Municipalities are much more local in character than prefectures.
All districts that belong to a municipality fall within the
boundaries of a prefecture. Municipalities are designated
according to three categories: cities (Shi), towns
(Cho) or villages (Son). As of 1 April 1997,
there are 3,232 municipalities, consisting of 669 cities,
1,993 towns and 570 villages.(12)
Cities are municipalities with a population in excess of 50,000.
Cities must have 60 per cent of the total number of residences
located around its urban centre. Also, more than 60 per cent
of the populace must be engaged in commercial, industrial,
other urban activities, or dependent upon those who are engaged
in such activities. The major differences between cities (Shi)
and towns (Cho) or villages (Son) are a
larger number of assembly members and the compulsory appointment
of a treasurer as well as the establishment of social welfare
offices.(13)
There are two special categories of cities: designated city
and core city. Cities with 500,000 residents or more may be
designated by Cabinet order to take charge of certain duties
normally handled by prefectures. These cities are officially
referred to as designated cities, a total of 12 among the
669 cities nationwide. Core cities are also designated by
Cabinet order. These cities have a population of over 300,000
and an area of 100 square kilometres. Towns are local entities
that satisfy certain prefectural by-laws. They are usually
more urban than villages, although there are no significant
differences in the functions they perform. There are even
greater varieties in the case of municipalities. The City
of Yokohama, with a population of over three million and the
Village of Aogashima in Tokyo, with about 200 inhabitants,
are both equally designated as municipalities. Likewise, the
town of Ashoro in Hokkaido, with a vast area of 1,400 square
kilometres and the town of Takashima in Nagasaki Prefecture,
of a mere 1.3 square kilometres in size are also both municipalities.(14)
Special local public entities
Special local public entities are set up for specific purposes
and with limited responsibilities. They comprise special wards,
Cooperatives of Local Public Entities, property wards and
Local Development Corporations. Special wards have functions
and structures that are similar to cities. The head of each
ward is elected directly by the residents and has similar
authority and powers as a city mayor. There are 23 special
wards found only in central Tokyo. Cooperatives of Local Public
Entities are formed by two or more local public entities for
increasing efficiency in the execution of various duties.
Property wards are created to operate and maintain specified
properties or public facilities owned by certain segments
of municipalities such as forests, irrigation canals or natural
hot water springs. Local Development Corporations are formed
by two or more ordinary local public entities and are responsible
for the comprehensive execution of projects based on integrated
development plans for specified areas.
Local Government Functions
Local governments play a significant role in the stability
and improvement of their people's daily lives. Among many
public services, local governments provide most familiar day-to-day
services. Prefectures and municipalities cover a wide range
of public services such as education, public works, health
and hygiene, environmental protection, social welfare, social
security, agriculture, forestry, commerce and industry. However,
not all functions of local government are considered to serve
a service role. Local governments play a regulatory function
such as the maintenance of public order, public safety and
welfare, including the care and control of juveniles or the
prevention of pollution.
On behalf of the central government, local governments also
take responsibility for a wide range of duties, often referred
to as Agency Delegated functions, such as statistical surveys,
registration and river management. Although by law these are
the responsibility of the central government, they are carried
out as if they were the direct responsibility of local authorities.
These responsibilities are listed as an appendix to the Local
Autonomy Law.(15) Thus, local
government responsibilities cover a broad range of functions,
indeed, all domestic aspects except for diplomacy, national
security, the courts and the penal system. As a result, local
government expenditures are correspondingly high. The combined
expenditure of local authorities nearly equals that of the
central government's general accounts, although the ratio
of tax sources between central and local government is about
2:1. The huge financial transfers from central to local government
in the form of the Local Allocation Tax, the Local Transfer
Tax and the Treasury Grant reduce this to nearly 1:2.(16)
In fiscal year 1994, covering the period between 1 April
1994 and 31 March 1995, the total annual expenditure by all
local governments was approximately 99,332.3 billion yen,
which consisted of 50,144.7 billion yen from prefectures and
49,187.6 billion yen from municipalities, including Tokyo's
wards.(17) In contrast, expenditures
by the central government for the same period of time totalled
only approximately 72,540 billion yen (including transfer
of funds between central government and local government)
and its actual expenditure is approximately 48,159 billion
yen.(18) In fiscal year 1994,
prefectures spent about 11,815 billion yen on education (24.0
per cent), followed by public works (23.5 per cent) and agriculture,
forestry and fisheries (9.7 per cent). Municipalities, on
the other hand, spent about 11,497 billion yen on public works
(23.4 per cent) followed by social welfare (17.2 per cent)
and education (13.9 per cent).(19)
Almost all the functions of prefectures and municipalities
overlap. Prefectures normally handle broader areas or large
scale projects as compared to those of the municipalities.
Designated cities and to a lesser degree core cities, are
different from ordinary municipalities in organization and
function and handle the duties normally carried out by prefectures.
This distinction by area and scale is one of the basic criteria
for determining which government level should handle the service.
In the case of public works, both prefectures and municipalities
build and improve roads, construct public rental houses, make
city planning decisions and build sewage systems and parks.
However, among these projects, prefectures mainly engage in
wide area or large scale projects that extend over a number
of municipalities, with each municipality carrying out the
project within its territory, e.g. the preparation of overall
development plans for regional, mountain and river development.
In case of education, local governments also play an important
role in fostering education in schools and in society at large.
The education system established in the wake of post-war reforms
strongly emphasizes nine years of compulsory education at
the primary and lower secondary levels as well as equal opportunity
of education. There has been a dramatic percentage increase
in the number of students going on to further education from
42.5 per cent in 1950, to 82.1 per cent in 1970 and 94.2 per
cent in 1980.(20) Based on
standards established by the central government, the education
system allows every child in Japan with the same level of
compulsory education. Municipalities establish and operate
primary and secondary schools. The prefectures however, operate
numerous senior high schools and schools for the handicapped.
Although municipalities build facilities of both elementary
and junior high schools, prefectures pay the teacher salaries.
As mentioned earlier, prefectures mainly undertake police
administration, while firefighting services and ambulant municipalities
mainly provide services.
Executive and legislative branches
The most important powers vested in the assembly are those
to establish or abolish ordinances, adopt the budget, authorize
settlement of accounts, set the levy or collection of local
taxes, authorize contracts and authorize the means of payment,
cessation, or lease without payment of public properties(21).
The assembly's authorization is also required for approving
the appointment of important governmental personnel such as
vice governors (vice mayors), members of boards of education
and Public Safety Commissions. The assembly also has other
powers, such as the right to investigate the conduct of officials
and the administration of the local government. Besides, the
assembly deliberates on the draft ordinance, the draft budget
and other matters in its regular sessions that are held no
more than four times a year as well as in special sessions
that are convened as and when required. Decisions are taken
on the principle of majority of votes. A session of the assembly
attended by all members is known as a plenary session. This
is where the assembly makes its decisions; detailed discussion
of individual bills is normally conducted by one of the several
committees within the assembly composed of a small number
of assembly members.
The chief executive, who plays the leading role within the
executive body of the local government, represents the local
government and looks after its general affairs. He submits
bills to the assembly, makes and implements the budget, levies
local taxes and users' fees for facilities, acquires, manages
and disposes property and handles all tasks which do not fall
under the jurisdiction of any other executive bodies. The
chief executive also handles many other duties entrusted to
him by the national government. The chief executive enjoys
broad-ranging powers in order to carry out these functions,
including the right to establish regulations, appoint and
dismiss personnel, provide supervision and guidance and set
up any necessary administrative organizations. He is also
vested with general coordinating authority, which extends
over other executive bodies, in order to ensure overall consistency
in the operation of that particular local government.
There are also officials, such as the vice governor or vice
mayor and the treasurer or chief accountant, whose duty is
to assist the chief executive in carrying out the tasks for
which he is responsible. Of these, the vice governor or vice
mayor may act in place of the chief executive in the performance
of his duties. The treasurer or the chief accountant is in
charge of local government accounts. Each of these officials
is chosen with the approval of the assembly for a four-year
term. The chief executive also appoints other personnel. The
chief executive's office is subdivided into specialized departments
and divisions to handle different functions.(22)
However, care has been taken to prevent excessive concentration
of power in the hands of the chief executive. Certain functions
of local government require a politically neutral standpoint
and special care in passing unbiased judgment. In order to
carry out such functions, the local government has committees
and boards whose position and authority are independent of
the chief executive. The various types of committees and boards
consist of several members, who reach decisions through a
process of discussions and consultations. Administrative committees
consist of the Board of Education, the Public Safety Committee,
the Election Administrative Committee, Inspection Commissioners
and others.
Each prefecture and municipality has its own Board of Education
and its members are appointed for a four-year term by the
chief executive with approval of the assembly. The Public
Safety Committee, existing only at the prefectural level,
looks after the administration and management of police affairs.
The governor appoints committee members, with the approval
of the assembly, for a three-year term. Each prefecture and
municipality has an Election Administration Committee, whose
members are chosen by the assembly from citizens who have
the right to vote and serve for a four-year term. Besides,
each prefecture and municipality appoint auditors, auditing
financial matters as well as the management of enterprises
operated by local governments. The chief executive appoints
auditors, with the approval of the assembly, for a four-year
term. As a rule, inspection commissioners do not work on a
consultative basis, but exercise their authority independently.
Prefectures and municipalities also have many other different
types of committees, such as Personnel Committees, Local Labour
Relation Boards and Agricultural Committees.(23)
Local Government Finances
Local governments are empowered to manage their own financial
affairs. Sources of revenue are guaranteed in a number of
ways. As mentioned earlier, although the ratio of tax sources
between central and local government is approximately 2:1(24),
the ratio of government actual expenditures reverses to almost
1:2(25). Local authorities
use more than one account for local finance administration.
An account for general administrative services, such as education
and police, is called the general account. In addition, several
special accounts are used for such administrative services
as housing projects, where funds are used and the rents are
charged to the beneficiaries. Both of these accounts are included
in the ordinary accounts of local authorities. Other public
utility services such as water supply and public transportation
(which is referred to as Local Public Enterprises) must keep
separate accounts, known as enterprise accounts. Local governments
had a total annual revenue of approximately 95,994 billion
yen during the fiscal year of 1994. Of this, 33.9 per cent
came from local taxes, 16.2 per cent from Local Allocation
Taxes, 14.4 per cent from national treasury disbursements
and 14.9 per cent from local government loans.(26)
Local taxes
There are many types of local taxes in Japan. Local governments
are able to levy and collect local taxes under the provision
of Local Tax Law. The major local taxes of prefectures are
enterprise tax, prefectural inhabitant tax and automobile
tax, while the major local taxes of municipalities are municipal
inhabitant tax, property tax and city planning tax. Local
taxes account for approximately 37 per cent of the country's
total tax income.(27) In the
prefectures, these taxes make up 31.2 per cent of the total
prefecture revenues, while they represent 35.6 per cent of
the total municipal revenues.(28)
The Local Allocation Tax contributes to balance local governments'
revenues and guarantees a standard level of service provision
by local governments. The system provides for a specified
amount of national tax revenue to be set aside for disbursements
linked to the spending requirements of local governments on
the basis of a fixed formula, reapportioning local revenue
from the more affluent governments such as the big cities
to the less populous area. It is a more stable form of income
than other sources of subsidy as it has the additional benefit
of being treated as part of local governments' independent
sources of income. Consequently no restrictions are put on
its use.
The Local Allocation Tax consists of a tax transfer to local
governments that are unable to cover their financial needs
from local taxes alone. It is distributed in proportion to
the amount of such shortfalls representing 32 per cent of
the revenue from the national income tax, corporation tax
and liquor tax. In addition, 24 per cent of the revenue from
consumption tax and 25 per cent of that from tobacco tax has
been earmarked for the Local Allocation Tax since April 1989.
On occasions, the assumed fund is insufficient. The Ministry
of Home Affairs would have to negotiate with the Ministry
of Finance for a supplementary fund. Of the annual total,
94 per cent is set aside for ordinary Local Allocation Tax
and distributed for extraordinary expenditure needs such as
natural disasters. The amount of ordinary Local Allocation
Tax payable is the difference between local governments' expenditure
needs and their income, calculated according to statutory
regulations, with expenditure needs determined item by item,
based on a formula.
To calculate each local government's income, a percentage
of an estimated total income each is likely to receive is
set, based primarily on past annual receipts. The percentage,
80 per cent for prefectures and 75 per cent for municipalities,
is used because any prediction of need cannot perfectly reflect
the local governments' individual circumstances. Equally important
is the fact that if a 100 per cent figure were used, it would
take away all freedom of choice from local governments in
how to spend the money and discourage them from building up
their own sources of tax revenue. The central government provides
other funding in two ways:
- Through treasury contributions to local governments for
those functions carried out jointly with the central government;
- Through a grant-in-aid to support specific local government
activities. These funds are specific and cannot be used
for other purposes.
Recently, there has been discussion about the need to relax
control - including the control on the minimum standards laid
down by the central government concerning the type and manner
of public facilities - when distributing grants-in-aid and
to consider making grants-in-aid a more general source of
revenue.
Personnel Systems in Local Government
Local government servants in Japan are classified under special
public service personnel and general public service personnel
by the characteristics and contents of their duties. The majority
of the government servants are general public service personnel.
The total number of general public service personnel in local
government was 3,278,332 as of 1 April 1995. These figures
can be broken down as follows: prefectural governments with
1,726,263 employees (accounting for 52.6 per cent of the total),
followed by designated cities with 251,081, other cities with
725,584, towns and villages with 375,566, special wards with
80,594 and others.(29) Examples
of special public service personnel are Governors, Mayors
and the Members of Assemblies, Boards of Education and other
administrative committees and temporary or part-time advisors.
The Local Public Service Personnel Law, defining the status
of local public service personnel, does not apply to special
public service personnel.
Local governments are duty-bound to introduce by-laws covering
all personnel matters, based on the provision of the Local
Public Service Personnel Law. Some types of general public
service personnel such as teachers, policemen, firemen and
those who belong to local public enterprises such as subways,
buses and water supply services are treated differently in
terms of basic labour rights because of the special nature
of their responsibilities. The main responsibilities for appointing
personnel rest with Governors, Chairmen of Assemblies and
other administrative committees. They are called Appointing
Authorities. Prefectures, designated cities and some municipalities
such as special wards have Personnel Committees; the remaining
municipalities have Equity Committees. Both types of committees
are independent of the employers and are instituted primarily
to improve working conditions and hear employees' complaints.
Appointment of general public service personnel is based
on competitive examination in all local governments that have
Personnel Committees; appointments may be made on other bases
whenever the Committees permit to do so, or in municipalities
which have Equity Committees. Almost all local government
general public service personnel are engaged on the principle
of lifetime employment. Equality of opportunity is established
in the Local Public Service Personnel Law and discrimination
against race, sex, religion and social status is prohibited.
This also applies to political opinions, except in extreme
cases. The compensation of local general public service personnel
consists of salaries and allowances. These are fixed by the
by-laws of their respective local governments. In determining
the compensations, full consideration has to be given to the
cost of living and wage payments in the central government,
other local governments and private enterprises. Conformity
with duties and degrees of responsibilities are also taken
into account. The amount of salaries, initial salaries, promotion
and increases are also determined on the basis of the pay
scales. Besides salaries, supplementary compensations, some
allowances (such as family allowance, housing allowance) and
bonus are also paid.
Local government officials are obliged to follow lawful and
official instructions, respect confidentiality and give their
full commitment to their duties. They are also prohibited
from doing anything which would lead to a loss of trust of
local governments personnel. Certain restrictions on political
activity apply in the interests of political neutrality. The
Local Public Personnel Law governs the basic rights of local
government employees according to their duties. The public
service employees are able to maintain and improve working
conditions via Personnel Committees. The Local Public Personnel
Law gives staff the right to request the Personnel or Equity
Committees to act on their behalf regarding salaries, working
hours and related matters. Disciplinary action which the employee
sees as unfair can be reported to the Personnel or Equity
Committee which examines the complaint, if it finds it justified
it can cancel or correct the action taken by issuing instructions
to the local government.
Central-Local Links
In general, central and local governments depend on and complement
each other. The philosophy underlying the Local Autonomy Law
is that central interference should be kept to a minimum and
should consist only of advice, recommendation and technical
support. But, in reality, the central government involves
itself in local governments' affairs in various ways. Central
government influences local governments in many ways, such
as legislation of administrative standards, the requirement
for local governments to seek statutory approvals, the delegation
of agency functions, the grant of subsidy or loan approval,
the assignment of staff of local governments. However, the
process is not wholly one-way. Just as local governments seek
approval and subsidies from various government ministries,
the latter need information from local governments in order
to formulate policy.
At the central government level, the Ministry of Home Affairs
is responsible for the local governments. One of its main
functions is to work closely with the Ministry of Finance
on local governments' finance; another is to collaborate with
the Ministry of Construction, Health and Welfare and other
ministries and agencies on local matters. The Ministry participates
in local government affairs on a financial level through Local
Allocation Tax disbursements and local loans and provides
leadership and advice on local government finance and administration.(30)
In political terms, there is no major difference in the political
parties' policies at the local level. It is not uncommon for
the candidates for Mayor or Governor to be jointly recommended
by parties which are in opposition at the national level.
Often, in rural or agricultural districts, local assembly
members are often independent conservatives. Many have interpreted
this to mean that local government is politically separate
from the central government whereas, in fact, they are quite
closely connected through the election system. Party support
associations exist at national and local levels necessitating
the cooperation of the national Diet and locally elected assembly
as well as those politicians seeking the support of organizations
such as labour unions.(31)
Legal basis of local government
The legal basis of local government has its roots in the
Constitution of Japan, adopted in 1946, which recognizes local
government as essential to democracy and establishes it as
part of the state's system of governance. Under the heading
Local Autonomy Chapter 8 of the Constitution contains four
Articles:
- Article 92 provides for the regulation of local government
in accordance with the basic principles of local autonomy;
- Article 93 provides for local authority members and executive
heads (Governors and Mayors) to be directly elected;
- Article 94 empowers local authorities to manage their
own affairs and enact by-laws; and
- Article 95 forbids the enactment of special laws peculiar
to a particular local authority without the approval of
the majority of the electorate.
Accordingly, a number of laws were enacted concerning local
government, with the core legislation enshrined in the Local
Autonomy Law. Its provisions deal mainly with residents' affairs,
elected councils, Governors, Mayors and their executive committees.
The Local Autonomy Law also defines the position of local
authorities vis-à-vis central government, as well as
other local authorities and provides legal provisions for
an authority's financial affairs. Through this legal basis,
local government is clearly defined as part of the country's
administrative framework.(32)
Extent of Public Participation
Concerning residents' participation, the systems allowing
residents to participate directly in local authority affairs
supplement the usual democratic process. As society has grown
more complex and people's thinking and sense of values have
become increasingly diverse, local authorities have seen the
need for new ways of keeping in touch with their respective
communities. It is no longer enough to rely on outmoded and
ill-used systems of participation, elected members or the
council process. A variety of methods are used to guarantee
that popular opinion is considered fully when projects or
services are planned and implemented: symposiums or informal
gatherings are held in each area, questionnaire surveys are
undertaken and people are encouraged to voice their opinions
and ideas. Municipalities collate such information before
discussing particular projects with the Mayor and where day-to-day
services are concerned they set up residents committees or
make suggestions boxes available so everyone has a chance
to comment. Increasingly local authorities are introducing
access to information legislation as a result of public interest
in participating in and commenting on for example the control
of medicines and food additives, on pollution and right-to-sunlight
issues. By allowing access to information, local authorities
are also helping to maintain relations with the public by
exposing the mechanics of service provision and letting residents
satisfy themselves that everything is in order.(33)
Direct demands by citizens
One method of involving citizens is by empowering citizens
with the ability of direct demand. Under the current legal
provisions a specified number of signatories can demand the
approval, amendment or abolition of certain by-laws, special
audits and dissolution of local assemblies. Signatures of
at one fiftieth of the electorate must support direct demands
by citizens for amendment, approval or abolition of by-laws.
The Governor or Mayor must call a special meeting of the assembly
within 20 days of their receipt, submitting the proposed by-laws
along with their comments. The final decision rests with the
assembly which is not bound to accept the proposal. The direct
demand provisions do not apply to local taxes, fees and charges.
With reference to direct demands for special audits, the signatures
of a minimum one fiftieth of the electorate must accompany
a demand for the Audit Committee to investigate the authority's
financial. Once the committee has finished its audit, it must
formally publish the results. Regarding the dissolution of
the assembly, one-third of all electors must support the demand.
On receipt the whole electorate is balloted and a majority
vote in favour would result in the dissolution. For the dismissal
of Governors, Mayors or Assembly members, one-third of all
electors must support the demand and after balloting the electorate,
a majority vote in favour would result in dismissal. This
system applies to Vice-Governors, Deputy Mayors, Treasurers
and Chief Accountants, Election Committee members and Audit
and Public Safety Committee members as well. In these cases,
however, the demand is referred to the assembly for a decision.(34)
Legal provisions for public participation
Other forms of public participation are also legally supported.
The present Constitution allows the enactment of by-laws specific
to a particular local authority, but only on condition that
the majority of electors vote in favour. As taxpayers, local
authority residents can ask for the Audit Committee to investigate
the authority's expenditure, its acquisition, management or
disposal of property and relevant officers' decisions. Depending
on the results, they can ask that the appropriate corrective
or preventive action is taken. If dissatisfied with the results,
they have the right to take legal action. Local Authorities'
legislative powers are guaranteed by Article 94 of the Constitution
that grants local authorities the right to enact their own
legislation. The Local Autonomy Law provides for by-laws and
regulations. All by-laws are subject to a majority vote by
the assembly. Likewise, any local authority business can be
the subject of by-laws, except agency functions (unless specific
legal delegation is given). By-laws have the same efficacy
in law as a statute, but are subordinate to it, cannot contravene
it and are valid within a specified area only. The head of
the concerned local authority, i.e. the Mayor or Governor
determines regulations on any matter that comes under their
jurisdiction, including agency functions. As with by-laws,
they cannot contravene any statute, remain subordinate to
it and are area-specific.(35)
References
1. Tsuneta Yano Commemoration Foundation,
Nihon Kokusei Zue (Figures and Data of the State
of Japan), 1996/1997, p. 67
2. Economic Planning Agency, White
Paper on Living Conditions, 1992, p. 20
3. Tsuneta Yano Commemoration Foundation,
Nihon Kokusei Zue (Figures and Data of the State
of Japan), 1996/1997, p. 80/86
4. Ibid., p. 135/147
5. Economic Planning Agency, White
Paper on Living Conditions, 1992, p. 10
6. Tsuneta Yano Commemoration Foundation,
Nihon Kokusei Zue (Figures and Data of the State
of Japan), 1996/1997, p. 114
7. Gyousei Kanri Kenkyu Centre (Administration
Management and Research Centre), Gyousei Kikou Zu (Figure
and Structure of Japanese Government), 1994
8. Local Autonomy College, Tokyo, Nihon
no Chiho Jichi (Local Administration in Japan), 1997,
p. 70/72
9. Ibid., p. 72
10. Chiho Jichi Kenkyu Kiko, Nihon
no Chiho Jichi Seido Gaiyo (An Outline of Local Self-Government
in Japan), 1997, p. 3
11. Ministry of Home Affairs, Survey
of Municipalities in Japan, 1996, p. 53
12. Local Autonomy College, Tokyo, Nihon
no Chiho Jichi (Local Administration in Japan), 1997,
p. 328
13. Ibid., p. 16
14. Ministry of Home Affairs, Survey
of Municipalities in Japan, 1996, p. 6, 27, 29 and 50
15. Council of Local Authorities for
International Relations (CLAIR), Nihon no Chiho Jichi
(Local Government in Japan), 1996, p. 5
16. Ibid., p. 5
17. Local Autonomy College, Tokyo, Nihon
no Chiho Jichi (Local Administration in Japan), 1997,
p. 330
18. Ministry of Home Affairs, White
Paper on Local Government Finance, 1995, p. 229-297
19. Ibid., p. 300
20. Council of Local Authorities for
International Relations (CLAIR), Nihon no Chiho Jichi
(Local Government in Japan), 1996, p. 27
21. Local Autonomy College, Tokyo, Nihon
no Chiho Jichi (Local Administration in Japan), 1997,
p. 32
22. Chiho Jichi Kenkyu Kiko, Nihon
no Chiho Jichi Seido Gaiyo (An Outline of Local Self-Government
in Japan), 1997, p. 11
23. Ibid., p. 12
24. Ministry of Home Affairs, White
Paper on Local Government Finance, 1995, p. 266-267
25. Ibid., p. 296-297
26. Local Autonomy College, Tokyo, Nihon
no Chiho Jichi (Local Administration in Japan), 1997,
p. 352
27. Ministry of Home Affairs, White
Paper on Local Government Finance, 1995, p.47
28. Ibid., p. 50
29. Society for the Study of Local Autonomy
System, Chihou Jichi (Local Autonomy), August 1996
30. Council of Local Authorities for
International Relations (CLAIR), Nihon no Chiho Jichi
(Local Government in Japan), 1996, p. 7
31. Ibid., p. 8
32. Ibid., p. 1
33. Ibid., p. 7
34. Ibid., p. 50
35. Ibid., p. 51
Further Reading
Kurt Sterner, Local Government in Japan, Stanford
University Press, 1965
Steven Reed, Japanese Prefectures and Policy Making,
University of Pittsburgh Press, 1986
Richard Samuels, The Politics of Regional Policy in Japan,
Princeton University Press, 1983
Council of Local Authorities for International Relations,
Local Government in Japan, Tokyo, 1996
Chiho Jichi Kenkyu Kiko and Chiiki Kokusaika Kenkyukai,
An Outline of Local Self-Government in Japan, Tokyo,
1997
Nobutaka Naruse (ed.), Local Administration in Japan,
Local Autonomy College, Gyosei Press, Tokyo, 1997
Dore, R. P., Shinohata, Pantheon, New York, 1978
Theodore Bestor, Neighborhood Tokyo, Stanford, Stanford
University Press, 1989
John Campbell, How Policies Change: The Japanese Government
and the Aging Society, Princeton University Press, 1992
Stockwin, J. A. A., Weidenfeld and Nicolson, Japan: Divided
Politics in a Growth Economy, 2nd edition;
London, 1982
Stockwin, J. A. A., Dynamic and Immobilist Politics in
Japan, Macmillan, London, 1988
Pempel, T. J., Policy and Politics in Japan (Philadelphia,
Temple University Press, 1982)
Koh, B. C., Japan's Administrative Elite, University
of California Press, Berkeley 1989
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