日本財団 図書館


Chapter 2 Changing "Prefectural System"
I Introduction
The argument about the Prefectural System was one of the most important ones in the process of establishing a new local autonomy system in the new Japanese constitution. The Prefectural System was evaluated to be very stable as not only the institutional system but also real existence. Prefectural system was also once evaluated as "one necessary phenomenon."
It is true that we Japanese feel very familiar with the units of prefectures. However, it does not directly mean that prefectures will exist forever as unchanged local governments. We should evaluate it highly that prefectures have played great roles in developing and improving Japanese local autonomy especially after the presidents of prefectures came to be elected after WW2. Currently, the prefectures are expected to play more important role as really "perfect local governments" after the elimination of administrative functions imposed upon local governments by the central government. However, on the other side, accompanied to the current changing trend, there is an argument about renewing prefectures. It can be said that discussion about the Prefectural System comes to be focal issue of debate surrounding local autonomy system again.
In this paper base on our recognition of the Prefectural System described above, we would like to provide our understandings of the possibilities and the future of the Prefuctural System for one of the targets of argument, with reminding the readers with the background information about Prefectural System, recommendation in the past, and some others.
The opinions in this paper does not belongs to any organizations but ourselves.
 
II Genealogy of the argument surrounding Prefectural System
(1) Prefectures before WW2
i) Birth of prefectures
Prefectures were born by the "Seitaisyo" in April 1868 (Meiji era 1). This "Seitaisyo" was understood as more detailed government statement of "Gokajou no Goseimon." This "Seitaisyo" introduced the new local autonomy system of "Fu Ken Han Sanchi no Sei" that local governments were Fu, Han, and Ken by replacing the areas governed by the Edo central government into Fu and Ken. Fu and Ken came to have their presidents appointed by the Meiji central government. The numbers and the areas of Han were much larger than those of Fu and Ken. The administration of Han was still devolved on the presidents of Han.
Through the "Hanseki Houkan" reform in June 1869 (Meiji era 2), Han became new Han as local governments of governance system. There were 9 Fus, 20 Kens, and 273 Hans in all the areas of Japan. Although all the presidents of Hans came to be appointed by the Meiji central government, most of them were appointed from the president at the time of this reform. However, these movements are evaluated as the great step toward modern unified nation.
In July 1871 (Meiji era 4), the "Hai Han Chi Ken" reform, which means replacing the Hans with Kens, was implemented. By this reform, Japanese local governments system came to be "Fu Ken Nichi no Sei" which meant local governments were Fu and Ken. There were 3 Fus and 72 Kens in all the areas of Japan. By the end of this year, these Fus and Kens were integrated into 3 Fus and 72 Kens. All the presidents of Fus and Kens were appointed by the Meiji central government. There were frequent integrations of Fus and Kens and frequent changes of jurisdictions. After the separation and independence of "Kagawa-ken" in December 1888 (Meiji era 21), there were 3 Fus and 43 Kens. This 3 Fus and 43 Kens style is close enough to the current 47 prefectures system.
With this movement of integrations of Fus and Kens and changes of jurisdictions, the governance system in Fus and Kens was established by the "San Shinpou (Gun Ku Chou Son Hensei Hou, Fu Ken Kai Kisoku, and Chihouzei Kisoku" in 1878 (Meiji era 11). "Fu Ken Kai Kisoku" aimed at establishing the official assemblies of Fus and Kens, which had been established as the unofficial assemblies by the voluntary judgments of the presidents of Fus and Kens under the democratization movement. The members of the assemblies were elected by the residents and the assemblies function as decision organizations of budgets and how to collect local tax. All the bills of these issues were proposed by the presidents and were finally executed with the approvals of the presidents. "Chihouzei Kisoku" ruled the local tax items to be collected by Fus and Kens and possible expenditures covered by the local tax items.
 
ii) Establishment and changes of the Prefectural System
The establishment process of "Fu Ken Sei", which means the local autonomy system by Fu and Ken, and "Gun Sei" which means the local autonomy system by Gun counties, was continued at the same time when "Shi Sei Chou Son Sei" (Meiji 21 - Act 1) in 1888 (Meiji era 21), which means the establishment of city, town, and village as the local governments, was enacted. However, the process had difficulty in moving forward. In October 1888 (Meiji era 21), first government draft about the "Fu Ken Sei" and "Gun Sei" which tried to accept the assemblies of Fu and Ken to have a blanket authority and to give Fu, Ken, and Gun legal entity, was proposed to the "Genrouin", Japanese curia, after the cabinet decision. However, in December 1888 (Meiji era 21), Genrouin opposed this draft and returned this draft to the cabinet. The reasons of opposition were 1) since Fu, Ken, and Gun were not local governments but just divided jurisdictions of national government, Fu, Ken, and Gun do not need autonomy and 2) it is too early to give autonomy to Fu, Ken, and Gun. Even in the central government, Mr. Kaoru Inoue and some others opposed. After this, the government continued further consideration and in January 1890 (Meiji era 23) submitted the second government draft to the Genrouin after the cabinet decision. This second draft shows the dramatically less level of autonomy of Fu, Ken, and Gun compared to the first draft. The decreased level of autonomy were shown by 1) the deletion of the provisions about the legal entity of Fu, Ken, and Gun and about the prefectural ordinances making ability of the assemblies of Fu and Ken and 2) the limited ability of assemblies of Fu and Ken. In May 1890, this second draft was a little bit modified, ratified, and delivered as the Acts ("Fu Ken Sei" (Meiji23-Act35) and "Gun Sei" (Meiji23-Act36)).
Although the "Fu Ken Sei" and the "Gun Sei" were basic laws about Fu, Ken, and Gun as same as the "Shi Sei Chou Son Sei", they did not have a part of articles about executive body as different from the "Shi Sei Chou Son Sei." The "Chihoukan Kan Sei" (Meiji 19 - Imperial Proclamation 54) ordered the part of articles about it. Even though the "Fu Ken Sei" and the "Gun Sei" ordered that the chiefs of Fu, Ken, and Gun were the president of them, the chiefs and the executives of Fu, Ken, and Gun should originally be the public officials of the national government because Fu, Ken, and Gun should be just divided jurisdictions of the national government. The basic characteristic of the origin of Fu, Ken, and Gun that they were just divided jurisdictions of the national government defines a part of articles about executive body of Fu, Ken, and Gun as the imperial proclamation.
After that, the important parts of the "Fu Ken Sei" have been changed several times. There were 5 following major revisions.
(a) In 1899 (Meiji era 32)
a) Legal entity to Fu and Ken
b) Introduction of direct election system in each election district
c) Establishment and enforcement of the articles about the authorities of the presidents of Fu and Ken
   
(b) In 1914 (Taisho era 3), three revisions described below aimed at following the overall revise of the "Shi Sei Chou Son Sei."
a) Establishment of union system of Fu and Ken
b) Relaxation of supervision role of the competent minister on the financing and some other activities on Fu and Ken
c) Adding eligibility disqualification clauses of assembly members of Fu and Ken
   
(c) In 1922 (Taisho era 11) and 1926 (Taisho era 15)
a) Enlargement of election franchise and eligibility for election
   
(d) In 1930 (Syowa era 4)
a) Establishment of authorities to enact prefectural ordinances and statutes by Fu and Ken
b) Enlargement of authorities of assemblies, such as introduction of initiatives by the assembly members
   
(e) In 1943 (Showa era 18) in wartime years
a) Delegation of authority by law or mandate for administrative affairs which were used to be delegated only by law or Imperial Proclamation
b) Transference of a part of authority of assemblies of Fu and ken to councils of Fu and Ken
 
As just described, except the revisions in 1943 (Showa era 18) in the Second World War years, these revises were for enlargement of authority of the presidents and the assemblies and enlargement of the qualification of residents for election. However, these did not change the original characters of Fu and Ken as the divided jurisdictions of the national government and as the execution body of national administrative bodies.







日本財団図書館は、日本財団が運営しています。

  • 日本財団 THE NIPPON FOUNDATION