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Executive Power in Japanese Prefectural Government

Published online by Cambridge University Press:  23 March 2011

Ralph J. D. Braibanti
Ralph J. D. Braibanti
Affiliation:
Kenyon College
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Extract

In a political tradition conditioned to stress personal aspects of government administration rather than rule of law, the scope and the nature of executive power assume great significance. Government under men rather than government under law presumes intentional absence of clearly defined areas of administrative discretion and equally intentional haziness surrounding controllability of administrative officials by the citizenry.

Type
Articles
Information
The Journal of Asian Studies , Volume 9 , Issue 3 , May 1950 , pp. 231 - 244
Copyright
Copyright © The Association for Asian Studies, Inc. 1950

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References

* Dr. Braibanti, Assistant Professor of Political Science at Kenyon College, is a contributor to professional journals and is author of a study of neighborhood associations in Japan published in the February 1948 issue of the Quarterly, pp. 136-64.

1 “Let there be the men and the government will flourish; but without the men, their government decays and ceases. With the right men the growth of government is rapid There fore the administration of government lies in getting proper men…” (The doctrine of the mean, chap. 20, sec. 2, 3, 4, in James Legge, The four books [Shanghai, 1930]).

2 See Reischauer, Robert Karl, Japan-government, politics (New York, 1939), 29–32.Google Scholar

3 The Ministry of Home Affairs (Naimusho) was dissolved June 27, 1947. A local autonomy-committee was appointed to co-ordinate and supervise the decentralization process. The three members of the committee are: one cabinet minister, one prefectural governor, and one Diet member (Japan year book 1946-48 [Tokyo, 1948], 130).

4 Statistics show that graduates of the imperial (now national) universities (Tokyo, Kyoto, Tohoku, Kyushu, Keijo, Taihoku) had greater success in passing civil service examinations than graduates of other universities. This situation did not result from the inclusion of requirements on the examinations which could be met only by graduates of the national universities. For the years 1941-42-43, 71.9 per cent of the candidates from national universities successfully passed the examinations, but only 23.1 per cent of the applicants from private universities passed. At least two reasons appear to be determinants in the greater success of government university graduates: (1) they have usually been of higher caliber because of keen competition for entrance and the difficult course of study required, (2) the score achieved on the written examinations was only one of the criteria for determining appointment to the civil service. The personal interview, considering such indeterminate qualities as personality, background, and character, was given at least as much weight as the written examination and often more. Indeed, the very fact that the relative weight of each of these two elements varied with the candidate at the discretion of the examiners, gave the examiners virtually uncontrolled authority in the selection process. When this authority is combined with the fact that examiners themselves were almost always graduates of the national universities, the greater success achieved by graduates of these universities becomes understandable. The above observations are derived from statistics presented in GHQ, SCAP, Civil Information and Education Section, Analysis and Research Division, Special report, serial number AR-249-E-B-4 (dated 9 October 1946), 16-17. This report indicates (p. 19) that its tabulations were compiled by the Higher Civil Service Examination Office (Koto Shiken Jimusho) of the Bureau of Legislation of the Cabinet (Naikahu Hosei Kyoku) and the Personnel Section (Jinji Ka) of the Cabinet Secretariat (Naikaku Kambo).

5 The pattern and the frequency of transfers have varied with the political needs of the government in power and especially the minister of home affairs. See comment in Quigley, Harold S., Japanese government and politics (New York, 1932), 293–94 and especially 294, note 5.Google Scholar

6 Appointments to the rank of chokunin were made by the prime minister upon recommendation of the minister of home affairs, and certificates of appointment bore the privy seal. Civil service reform was initiated by Imperial Ordinance No. 190, “The Appointment and Gradation of Government Officials,” issued April 1, 1946, and was completely revised by passage on October 21, 1947, of the National Public Service Law. The text of the latter is accessible in Japan year book 1946-48, Appendix, 104-117. Officials of chokunin rank are now designated as first-class officials, those of sonin and hannin rank being designated as second- and third-class officials respectively.

7 There are forty-six prefectures in Japan. Except for addition of Okinawa as a forty-seventh prefecture, there has been no inclination to incorporate overseas territories into the prefec-tural system as the French have integrated their overseas possessions into the departmental structure.

8 Department heads were usually sonin rank; bureau chiefs were customarily hannin rank.

9 Article 61: “No suit at law which relates to rights alleged to have been infringed by the legal measures of the executive authorities and which shall come within the competency of the Court of Administrative Litigation specially established by law shall be taken cognizance of by a court of law.”

10 For further evaluation see this court see Blakemore, Thomas L., “Postwar developments in Japanese law,” Wisconsin law review, July 1947, 643, note 52, and Quigley, Japanese government and politics, 287-89Google Scholar. See also Kitazawa, Naokichi, The government of Japan (Princeton, 1929), 88–90.Google Scholar

11 Direct popular election is provided for by chap, viii, art. 89 of the 1946 constitution. The first direct election of governors was held April 5, 1947. The results of this election show little indication of the transfer of authority from the “old guard” to a new group of administrators. Ex-governors were elected in 27 of the 46 prefectures. An editorial in The oriental economist for April 19, 1947, gives this evaluation of the election: “As the majority of independents were those jointly recommended by the Democratic and Liberal parties, it may well be concluded that all gubernatorial offices went to the conservative camp with the exception of three which were secured by the Social Democratic Party… Noteworthy also is the fact that the best part of the newly-elected governors hailed from among bureaucrats. In view of these pertinent facts, no drastic change is likely to be made in Japan's local administration, at least for some time to come” (as quoted in Bisson, T. A., The prospects for democracy in Japan [New York, 1949], 68).Google Scholar

12 The Local Autonomy Law (Chihojichiho), law no. 67, April 17, 1947, as amended. This law was made effective May 3, 1947. Text with all amendments is accessible in Japan year book 1946-48, Appendix, 44-94.

13 Local Autonomy Law, article 158. Prefectural governments are divided into departments (bu). These are subdivided into sections (ka) which in turn are subdivided into units (kakari).

14 Ibid., art. 161, which states “A metropolis, district or urban or rural prefecture shall have one vice-governor. The full number of vice-governors may, in the case of metropolis, district or urban or rural prefecture with a population of two million or more, be increased to two, and, in the case of a metropolis, district or urban or rural prefecture with a population of three million or more, to three by bylaw.”

15 Ibid., art. 156. The provisions of this article, however, do not apply to “judicial administrative and disciplinary organs, police offices, railroads, communications, postal services (including insurance and savings divisions), national institutions of learning, national hospitals and sanatoriums, navigation, meteorological stations, hydrographic organs, harbor construction offices, and forestry stations and public works branch offices whose functions are solely supported by the national treasury.”

16 Data on this law taken from mimeographed address on local autonomy prepared by military government section, headquarters, Eighth United States Army (Yokohama, Japan), undated.

17 See Ralph J. D. Braibanti, “Japan's new police law”, Far Eastern survey (Jan. 24, 1949), 17-22, for further analysis of this relationship.

18 Police Law (law no. 196) December 17, 1947, art. 20. This law is accessible in the Japanese government Official gazette (English ed.), no. 156, Dec. 17, 1947, 6-15, and in Japan year book 1946-48, Appendix, 142-50.

19 Data taken from mimeographed address on local autonomy prepared by military government section, headquarters. Eighth United States Army (Yokohama, Japan), undated.

20 Employment security law, made effective Dec. 1, 1947. Text accessible in Japan year book 1946-48, Appendix, 250-58.

21 Brown, Charlotte Cropley, “The Vermont council of censors, 1777-1870” (Unpublished doctoral dissertation, Syracuse University, 1946).Google Scholar

22 Walker, Richard L., “The control system of the Chinese government,” Far Eastern quarterly, 7 (Nov. 1947), 3–21.CrossRefGoogle Scholar

23 Court Organization Law (law no. 59) March 27, 1947. Full text can be found in Japan year book 1946-48, Appendix, 117-124.

24 Administrative Litigation Procedure Law, June 25, 1948. Data from this law are taken from General Headquarters, Supreme Commander for the Allied Powers, Summation of non-military activities no. 33 (Tokyo, June 1948), 67.

25 State Redress Law (law no. 125) October 27, 1947. Text accessible in Official gazette (English edition), no. 473, Oct. 27, 1947, 1.

26 Ibid., art. 1.

27 Summation of nonmilitary activities no. 33, 67.