OAK Repository

Metadata Downloads

Local Autonomy and Japanese Constitution - David and Goliath

Part Name
Local Autonomy and Japanese Constitution - David and Goliath
Yuichiro Tsuji
Publication Year
Vol. 8 Issue. 2, 2018
local government; financial problem; autonomy; Japan; constitution; institutional protection; local ordinance; amendment of constitution.
This paper argues for local government autonomy under the Japanese Constitution.
Currently, the Japanese Diet (parliament) is discussing the possibility of amending
the Constitution. Unlike the Constitution of South Korea, the Japanese Constitution
has not been amended since its establishment in 1947.1
In Japan, political scandal
has prevented active discussion in the Diet on constitutional amendments. It is not
clear that parliament will propose bills to the people for ratification of constitutional
amendmentsin 2018. In the meantime, some Japanese local governments are more
active in responding to their citizens, while central government decision making is
slow. Several examples exist oflocal governments encouraging central government
decision making while parliamentary decision making was paralyzed. Local
governments are sometimes able to pass local ordinances that are more advanced
than the national legislation from the Diet.
In Japan, the phrase “principle of local autonomy”
in the current Constitution is
already subject to interpretation by inferior statutes, such as the Local Autonomy
Act. 3
Japanese constitutional scholars have not focused on the terms of the
Constitution outside of the context of the Local Autonomy Act.
This paper concludes that the autonomy of local governmentsis weak because they
are largely dependent on the financial resources of the central government. The
struggle between the two resembles the battle between David and Goliath. In order
for David to stand up to Goliath, financial autonomy should be included in a bill
amending the Constitution.
Lastly, this paper does not support the current administration’s bills to amend the
Constitution but brings the constitutional discussion to the attention of the people.
Ordinary people focus on their daily lives, not on the mid and long-term goals of
the country, which amendments to the Japanese Constitution aim to achieve.
Table Of Contents
Ⅰ. Introduction
Ⅱ. Local Autonomy of Local Government in Japan
A. Local Government under the previous Constitution
Ⅲ. Several Examples that may Change the Relationship between
Central and Local Governments
A. Partnership ordinance
B. Outing ordinance
C. Hate speech ordinance
D. Local elections and foreigners
E. Climate change and the Tokyo metropolitan area
Ⅳ. The Current Constitution and the autonomy of local government
A. Authority of Central Government and Financial Power
B. Revision of current provisions
C. Local autonomy without constitutional amendments
Ⅴ. Conclusion
Files in This Item:


  • mendeley

해당 아이템을 이메일로 공유하기 원하시면 인증을 거치시기 바랍니다.

Items in DSpace are protected by copyright, with all rights reserved, unless otherwise indicated.