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
