In this page, you will learn whether the Constitution is happening is local autonomy.
In the pre-war but for the local government was not only required by law, it is now after the war is defined by the Constitution of Japan. Specifically, it is defined by the Constitution of Japan eighth, Section 92 Article - Article 95. Is often subject to difficult impression to hear the Constitution, but to understand this text it will be a very important step in order to know the local autonomy, let's continue to firmly analysis. First of all it is from Article 92.
Constitution eighth, Section 92 Article: matters relating to the organization and operation of local governments, based on the principle of local autonomy, shall be fixed by law
The point here is the word "principle of local autonomy." This is, I understand the Article 95 from Article 93 of the Constitution Chapter 8. So in Article 92 "that local governments do, you have a law in accordance with Article 95 from Article 93" has been shown that the content. Let's take a look at the Article 93.
Constitution eighth, Section 93 provisions eyes 1: local governments, pursuant to the provisions of law, to establish assemblies as their deliberative organs.
The point here is the word "deliberative organs" and "law". "Law" is understood to Article 89 Congress established the Local Autonomy Law, "deliberative organs" I understand the institutions that the voting conduct opposing parliament and executive agencies. So, stating that "you have obligations that you install the Congress to local governments than the Local Government Act" has been shown. Here, rural public organizations will find that there are institutions that operate with the (administrative) deliberative organs (parliament).
Constitution eighth, Section 93, paragraph 2: local governments length, other Riin established by lawmakers and law of the Parliament, inhabitants of the local governments, the election this directly.
Item 2, has been shown the contents of "head of the prefectural governors and city, of its members the residents of the area of Congress direct election you can choose to". A representative of the administrative side and the Parliament side called the dual representation system that can be chosen by the residents, in the politics of the country of Japan for parliamentary cabinet system has been adopted, it can be said that system of local autonomy unique. Dual representation system might feature the opinion of residents is likely to be reflected in urban development.
Constitution eighth, Section 94 Article: local governments, manages the property, processes the office, and has the enforcement function the government can enact their own regulations within law.
In the Article 94 has been written about what can local governments. "I manage the property, handle the affairs, and enforcement function administrative" and that is that it operated a nutshell said. And most importantly in the Article 94 is part of "as long as it is within the scope of the law can be enacted an ordinance." This ordinance that you want defined by local governments, as long as it is within the scope of the law can be freely established, also you can see that that can be provided with a penalty to ordinance. Finally, let's look at the Article 95.
Constitution eighth, Section 95 Article: one of the local governments only special law that applies to, pursuant to the provisions of law, unless the consent of the majority of the voters of the local government, the National Assembly , it is not possible to establish this.
This text is, "if you want to legislate only to the prefectural and local governments is a National Assembly is required to obtain a majority in favor of referendum" is the part that says that. When you plainly explained, is that "the country (Parliament) is, if you want to enact a special law that raise local taxes in Tokyo and only, do not have to get by referendum a half in favor of Tokyo's population."
|
