Book contents
- Frontmatter
- Dedication
- Contents
- Contributors
- Preface
- Acknowledgements
- Introduction: Historical Overview
- The Preamble
- 1 Chapter I: The Emperor (Articles 1–8)
- 2 Chapter II: Renunciation of War (Article 9)
- 3 Chapter III: Rights and Duties of the People (Articles 10–40)
- 4 Chapter IV: The Diet (Articles 41–64)
- 5 Chapter V: The Cabinet (Articles 65–75)
- 6 Chapter VI: The Judiciary (Articles 76–82)
- 7 Chapter VII: Finance (Articles 83–91)
- 8 Chapter VIII: Local Self Government (Articles 92–95)
- 9 Chapter IX: Amendments (Article 96)
- 10 Chapter X: Supreme Law (Articles 97–99)
- 11 Chapter XI: Supplementary Provisions (Articles 100–103)
- Appendix 1 Constitution of the Empire of Japan (Japanese)
- Appendix 2 Constitution of the Empire of Japan (English translation)
- Appendix 3 The Potsdam Declaration
- Appendix 4 Instrument of Surrender
- Appendix 5 The “MacArthur Notes”
- Appendix 6 The GHQ Draft
- Appendix 7 The Constitution of Japan (Japanese)
- Appendix 8 The Treaty of San Francisco
- Bibliography
- Index
- Index of Articles of the Constitution of Japan
8 - Chapter VIII: Local Self Government (Articles 92–95)
Published online by Cambridge University Press: 13 February 2024
- Frontmatter
- Dedication
- Contents
- Contributors
- Preface
- Acknowledgements
- Introduction: Historical Overview
- The Preamble
- 1 Chapter I: The Emperor (Articles 1–8)
- 2 Chapter II: Renunciation of War (Article 9)
- 3 Chapter III: Rights and Duties of the People (Articles 10–40)
- 4 Chapter IV: The Diet (Articles 41–64)
- 5 Chapter V: The Cabinet (Articles 65–75)
- 6 Chapter VI: The Judiciary (Articles 76–82)
- 7 Chapter VII: Finance (Articles 83–91)
- 8 Chapter VIII: Local Self Government (Articles 92–95)
- 9 Chapter IX: Amendments (Article 96)
- 10 Chapter X: Supreme Law (Articles 97–99)
- 11 Chapter XI: Supplementary Provisions (Articles 100–103)
- Appendix 1 Constitution of the Empire of Japan (Japanese)
- Appendix 2 Constitution of the Empire of Japan (English translation)
- Appendix 3 The Potsdam Declaration
- Appendix 4 Instrument of Surrender
- Appendix 5 The “MacArthur Notes”
- Appendix 6 The GHQ Draft
- Appendix 7 The Constitution of Japan (Japanese)
- Appendix 8 The Treaty of San Francisco
- Bibliography
- Index
- Index of Articles of the Constitution of Japan
Summary
Introduction
The tiers of governance below the national government are carried out through what are described as “local public entities” in the constitution. Chapter VIII addresses the subject of self-government without further defining the term. The term “local” is also likely to confuse, since the Japanese term is chihō, which is more commonly translated “region” or “the countryside.” The term “local government” as used in the constitution and elsewhere thus includes what might be more accurately called “regional” governments which are known as prefectures and encompass multiple municipalities.
Local self-government in Japan: Past, present and future
Before the establishment of the modern state after the Meiji Restoration, the shogunate functioned as a central government with individual domains (han) headed by lords owing allegiance and obedience to the shogun, who was also the largest domain lord. With the restoration the han were abolished by converting them into prefectures which, after some consolidation, remain to this day.
The Meiji Constitution did not contain any provisions on local self-government. However, the government under it established a system of cities, towns, villages, counties and prefectures between 1888 and 1890. Under these systems, the applicable administrative units were granted a certain degree of local self-governance. However, the national government retained strong control over the regions; for example, prefectural governors were appointed from among national administrative officials. The lower tiers of government were thus part of a system of top-down control by the national government.
By contrast, the present constitution devotes an entire chapter to the subject of “Self- Government,” reflecting in part the American drafters’ views of the importance of democracy in local government. A chapter guaranteeing local autonomy was thus part of the political democratization that formed a keynote in the new constitution. Chapter VIII guarantees a form of government in which public affairs closely related to the residents’ daily lives are handled by residents of that area, through elected representative bodies. The Constitution of Japan has four articles on local self-government, namely Articles 92 to 95. Article 92 sets forth the basic principles of local self-government.
- Type
- Chapter
- Information
- The Annotated Constitution of JapanA Handbook, pp. 294 - 306Publisher: Amsterdam University PressPrint publication year: 2023