Local Administration and Finance in Japan
| Author | The Ministry of Home Affairs |
| Published date | 01 June 1982 |
| Date | 01 June 1982 |
| DOI | http://doi.org/10.1177/002085238204800208 |
| Subject Matter | Articles |
Local Administration and Finance
in Japan
UDC : 352: 336.12 (52)
by
THE MINISTRY OF HOME AFFAIRS
I. INTRODUCTION
Article 95. A special law, applicable only
to one local public entity, cannot be en-
Following World War II, Japan determined
acted by the Diet without the consent
to reform its local government system, and in
of the majority of the voters of the local
September 1946 a drastic change in the system
of
public entity concerned, obtained in ac-
prefectures, cities, towns, and villages was
cordance with the law.
made.
These changes included the election
of prefectural governors by popular vote and
The Constitution, in recognition of the im-
the introduction of women’s suffrage. Then in
portant role of local government in a demo-
May 1947, the Local Autonomy Law was
cracy, clearly defines the system of local gov-
enacted simultaneously with the new Consti-
ernment as one of the administrative systems
tution of Japan. This marked the beginning
in Japan.
of the postwar system of local autonomy in
Local public entities have two principal
Japan.
organs: the assembly, as their deliberative
While the pre-war system was modeled on
organ; and the chief executive officer, as their
that of Germany, the
executive
new local government
organ. This system is known as the
&dquo; chief
system was influenced by the American system
system &dquo; or the &dquo; president system &dquo;.
of local autonomy. Contrary to the old cen-
(2) Laws concerning Local Government
tralized system, the newly implemented system
Within the above-mentioned broad frame-
was oriented towards decentralization and con-
tained elements of direct democracy.
work of the Constitution, different laws and
regulations are enacted with regard to local
II. THE
PRESENT LOCAL
GOVERNMENT
government. These laws, government ordinan-
SYSTEM AND ITS PROBLEMS
ces, and ministerial ordinances can be classified
into two categories : 1) those concerning the
1. Legal System of Local Government
organization and management of local public
entities, and 2) those related to their admin-
(1) The Constitution and Local Government
istration and action. The former is primarily
concerned with the system and organization
Chapter 8 of the Constitution of Japan
by which local government is managed. Laws
provides the basic principles of the system
included in this
of local
category are the Local Auto-
government:
nomy Law, the Public Office Election Law, the
Chapter VIII. Local Self-Government
Fire Organization Law, the Police Law, etc.
The Local Public Service Law provides the
Article 92.
Regulations concerning organ-
foundation for the system of local public
ization and operation of local public enti-
service personnel. In addition, the taxation
ties shall be fixed by law in accordance
and financial system of local public bodies is
with the principle of local autonomy.
defined by such laws as the Local Finance
Article 93. The local public entities shall
Law, the Local Allocation Tax Law, and the
establish assemblies
Local Taxation Law.
The latter,
as their deliberative
together
with laws and
organs in accordance with the law. The
regulations concerning admin-
chief executive officers of all local
istration and
public
action within the system of local
entities, the members of their assemblies,
autonomy, define the substance of local ad-
and such other local officials
ministration. As local
as may be
government by its very
determined by law shall be elected by
nature is involved in administrative activities
direct popular vote within their respective
most directly related to the lives of the people
communities.
under its jurisdiction, laws and regulations of
this kind are large in number. As the needs
Article 94. Local public entities shall have
of residents have become increasingly more
the right to manage their property, affairs
complex and diversified particularly in recent
and administration and to enact their
years, the amount of related legislation tends
own regulations within the law.
to increase further.
167
(3) Legislation by Local Public Entities
freedoms of people must always be contained
in a bylaw, while the affairs delegated to the
Under the Constitution, each local public
chief executive or other organs of local public
entity has the right to enact its own legislation,
entities by the central
which
government (&dquo; agency
are of two types : bylaws and regulations.
delegated functions &dquo;) cannot be determined
While the former are enacted by decision of
by a bylaw; they must always be stipulated
the local assembly, the latter are independently
in regulations.
determined by the chief or other executive
bodies of the local public entity with regard
2. Types of Local Public Entities
to matters within their jurisdiction. Both pos-
sess legal characteristics for the public entity
Local public entities are broadly classified
concerned and neither is superior to the other.
into two types : ordinary and special local pub-
They do differ from each other, however, in
lic entities. Figure 1 shows in detail their types
that any restrictions placed on the rights and
and numbers as at December 1, 1980.
Figure 1. Types and Numbers of Local Public Entities
(1) Ordinary Local Public Entities
prefectures), and Ken (Japan’s 43 regular pre-
fectures).
Ordinary local public entities are general
and universal in terms of organization, func-
1) To, Do, Fu, Ken (Prefectures)
tions and other factors, and are found in
every area of the country. With the exception
The functions of To, Do, Fu and Ken are
of areas where the special words of To (Tokyo
virtually the same. There are however some
Metropolitan Government) exist, they are or-
differences; an example is the establishment of
ganized into two tiers: at the bottom, the
supplementary offices and special wards, which
basic local public entities including Shi (cities),
exist in To only.
Cho (towns), and Son (villages); and at the
To, Do, Fu and Ken deal with the following
top, the regional administrative bodies which
include
types of administrative affairs :
To (Tokyo Metropolitan Government),
Do (Hokkaido Island), Fu (Osaka and Kyoto
a. Affairs to be dealt with in a broader area
168
b. Affairs requiring uniformity of perform-
The population of municipalities varies tre-
ance
mendously from the largest to the smallest.
Yokohama has the largest population amount-
c. Affairs related to liaison and coordination
ing to 2,773,822 while the village of Aogashi-
ma in Tokyo contains only 192 residents. It
d. Supplementary affairs
is the smallest municipality in Japan (data as
at October 1, 1980).
Prefectural boundaries are determined his-
torically, and thus, populations and areas vary
greatly from prefecture to prefecture. Table 1
3) Problems related to Ordinary Local
summarizes prefectural populations and
Public Entities
areas
on the basisi of the 1980 census (see following
The
page).
system of local government in Japan
is two-tiered, with prefectures located between
the central government and the municipalities.
2) Shi, Cho, Son (Municipalities)
Thus, the allocation of functions and the dis-
tribution of affairs between central government,
Municipalities are basic local public entities.
the prefectures, and the municipalities are
While prefectures are more similar in quality
sometimes vague, and some argue that a clear
to the organs of central government because
standard should be established on this matter
of their function as intermediate bodies re-
and that the nature and position of the two
presenting central government, municipalities
categories of local public entities should be
are more important as local public entities.
defined more explicitly.
Shi, or a city, must meet certain conditions :
In the administration of municipalities, new
it must contain a population of 50,000 or
problems are emerging as the sphere of life
more; 60 percent or more of the total houses
of the residents expands and their needs be-
must be located in its urban area; and 60
come more and more complex and diversified.
percent or more of the total work force must
Such problems include measures for dealing
be engaged in urban industrial or commercial
with those affairs involving more than one
activities. Cities are required to fulfill certain
municipality, citizens’ participation, the im-
requirements including the appointment of a
provement and development of communities,
treasurer and the establishment of a social
and the clarification of the division of func-
welfare office as well as other organizational
tions between the...
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