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[High School Examination 2021] Chiba Prefectural Public High School Entrance Examination <Society> Commentary ... Let's solve each problem carefully

 
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(4) was the problem of calculating the number of signatures required for direct claims in local autonomy.
 

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Direct billing

Direct billingWhat is (Chokusetsuseikyu)?residentsDirectly by the initiative ofLocal governmentWhat makes you take certain actions.SuffrageIs one of theNational ideaIt is one of the direct democracy along with (initiative).

What is stipulated by the Local Autonomy Law

The direct claims stipulated by the Local Autonomy Law are as follows.Local government lawIn this section, only the number of articles is described.

Contents of direct claim by residents
Number of signatures requiredBilling partnerWhat to do after billing
Enactment, revision and abolition of ordinancesOf votersAboveChiefConvene Congress within 20 days and report results.
auditAudit CommitteeConduct an audit and publish the results.
Dissolution of parliamentOf votersAboveElection Management CommitteeAsk the voters whether to dissolve in a referendum, and if there is a majority in favor of the dissolution, the parliament will be dissolved.
Dismissal of parliamentarians and chiefsElection Management CommitteeAsk the voters whether to dismiss the job by referendum, and if the majority agrees to dismiss the job, dismiss the job.
Dismissal of major staffChiefFor the adoption of the parliament, the number of membersAbove attended If you agree with the above, you will be dismissed.

Request for enactment or revision or abolition of regulations

Voters[1]The representative has a signature of 50/1 or more of the total numberHead of local governmentTo charge. (Article 74

When an election for a member of the House of Representatives, a member of the House of Councilors, or a member of the parliament of a local public body or a head is to be held within the area of ​​the local public body, from the day corresponding to the XNUMXth day before the expiration date of the term or the day after the day of dissolution. No signature can be sought for a claim within the area where the election is held.

The chief must convene a parliament within 20 days of receiving the request, deliberate and publish the results.

In addition, it is subject to enactment / revision / abolition requestOrdinanceabout,Local taxExcludes levy collections and collections of contributions, royalties and fees.

Request for administrative audit of local public bodies

Voters[1]The representative has a signature of 50/1 or more of the total numberAudit CommitteeTo charge (Article 75 paragraph 1).

When a request is made, the Audit Committee member must immediately publish the summary of the request (Article 75, Paragraph 2).

In addition, as different from the office audit request,Resident audit requestThere is (Article 242).

While resident audit requests can be made by one person or a foreigner, resident audit requests are used more often because the signatures of a considerable number of Japanese national voters must be collected.However, unlike the resident audit request, the scope required for the office audit request is the general office work of local public bodies, and the scope is wide, and there is no one-year request deadline.In addition, if an audit is requested by an external audit (limited to an organization that has a comprehensive external auditor or an organization that stipulates that a contract can be made under an individual external audit contract), the Audit Committee member will make the request in the case of a resident audit request. In the case of a business audit request, the parliament decides whether or not to comply.However, in the case of a business audit requestResident lawsuitCannot be raised.

Request for dismissal of local public officials, request for dissolution of local assembly, request for dismissal of local officers

According to the provisions of Articles 76 to 88 of the Local Autonomy Law and Article 8 of the Local Education Administration Law, regarding the dissolution of local public officials and the dissolution of local councilsElection Management CommitteeIn addition, regarding the dismissal of local officers, the local chief (Prefectural governor,Mayor) Can be billed respectively.

Request for establishment of merger council

Law on special cases of merger of municipalitiesBy March 2030, 3, at the direct request of the residentsMerger councilCan be requested for installation.

Request for installation according to Article 4 of the Special Law (single request)

Voters[1]With a signature of 50/1 or more of the total number, the representative can indicate the municipality to be merged (the other party of the merger) to the head of the municipality and request the establishment of a merger council.

If there is a request, will the merger requesting municipality (the municipality that directly requested the merger council) immediately announce the summary of the request and submit the merger council establishment consultation to the parliament to the head of the merger target municipality? We must ask for an opinion on whether or not.The head of the municipality subject to the merger must respond within 90 days from the date of the request for opinion.

If all the municipalities subject to the merger respond, the head of the municipality requesting the merger will notify the representative and all the municipalities subject to the merger and announce this.Then, when all the responses of the merger target municipalities were notified that the merger council establishment consultation would be submitted to the council, the head of the merger requesting municipality issued a notice to the head of the merger target municipality. Within 60 days from the date, and within 60 days from the date of receiving the notification pursuant to the provisions of the same paragraph for the head of the municipality subject to the merger, each council must be convened and the merger council establishment consultation must be submitted to the council. It doesn't become.

If any one of the municipalities subject to the merger responds that it will not be submitted to the parliament, this procedure will be completed and the merger council will not be established.

The head of the municipality subject to the merger must promptly notify the head of the municipality requesting the merger of the result of the deliberation of the parliament.The head of the merger requesting municipality must notify the head and representative of the merger target municipality of the result of the deliberation of the parliament in the merger request municipality and the result of the council deliberation in the merger target municipality and publicize it. Must be.

If any one of the municipalities subject to the merger rejects the merger council establishment consultation, this procedure will be completed and the merger council will not be established.

Then, if the merger request municipality and all the merger target municipalities pass the merger council establishment consultation, the merger council will be established.

If the council of the merger requesting municipality rejects the merger council establishment consultation and all the merger target municipal councils pass it, the head of the merger requesting municipality will request the merger. Immediately after the later of the date rejected by the municipal council or the date notified by the heads of all merger cities, towns and villages (hereinafter referred to as the "base date" in this Article), the base date is set as the head of the merger target cities, towns and villages. And the representative must be notified and made public.

In the above case, the head of the municipality requesting the merger must be within 10 days from the record date.Election Management CommitteeYou can request that the electoral vote be submitted to the merger council establishment consultation.In this case, within 3 days from the date of making the request, the head of the municipality subject to the merger and the first representative must be notified and announced.The representative certificate required for the request must be requested within 20 days from the record date.

If there is no announcement that the merger council establishment consultation will be voted by the elector within 13 days from the record date, the number of persons who have the right to vote shall be one-sixth or more of the total number.Co-signWith this, the representative may request the election administration committee of the municipality requesting the merger to vote for the elector regarding the establishment of the merger council.

If a majority of the total number of valid votes is approved for the merger council establishment consultation, it is considered that the merger requesting municipalities have passed the merger council establishment consultation, and the merger requesting municipalities and all merger target municipalities shall be deemed to have passed. The rules shall be established by the merger council establishment consultation, and the merger council shall be established.

Request according to Article 5 of the Special Law (same request)

Persons who have the right to vote for the relevant municipalities (hereinafter referred to as "same billing related municipalities") that should constitute the merger council[1]Clarifies that the content is the same as the request for the establishment of a merger council made by other persons who have the right to vote in the same claim-related municipalities pursuant to the provisions of this paragraph, and is one-fiftieth or more of the total number. ofCo-signThen, the representative requests the head of the same billing-related municipality to indicate the name of another same-billing-related municipality that is the counterparty to the merger of the municipalities to be carried out by the same billing-related municipality, and to establish a merger council. be able to.In this case, the representatives of all the same billing-related municipalities shall include the prefectures that include the same billing-related municipalities in advance regarding the fact that the requests for the establishment of the merger council in which these persons should be the representatives have the same content. Must be confirmed by the Governor of.

When the above request is made, the head of the same request-related municipality that made the request immediately announces the summary of the request and reports it to the prefectural governor that includes the same request-related municipality. There must be.When the governor of a prefecture that includes the same billing municipalities receives a previous report from the heads of all the same billing municipalities, he / she must notify the heads of all the same billing municipalities to that effect.Upon receiving the notification, the head of the same billing-related municipality shall immediately notify the representative and publicize this.

Then, the heads of the municipalities related to the same request must convene the council within 60 days from the date of receiving the notification, and submit the discussion on the establishment of the merger council based on the same request to the council with their opinions. Must be.

The head of the municipality with the same claim must promptly notify the representative of the result of the deliberation of the parliament, publicize it, and report it to the prefectural governor including the municipality with the same claim. ..When the governor of a prefecture that includes the same billing municipalities receives a report from the heads of all the same billing municipalities, he / she immediately reports the result and reports from the heads of all the same billing municipalities pursuant to the provisions of the same paragraph. The date of receipt (hereinafter referred to as the "base date" in this Article) must be notified to the heads of all municipalities with the same claim.Upon receiving the above notification, the head of the same billing-related municipality shall immediately notify the representative and publicize it.

If all the same-related billing municipalities pass the merger council establishment consultation, the merger council will be established.

The head of the municipality with the same claim (hereinafter referred to as "the municipality that rejects the merger council establishment consultation") that the parliament rejected the merger council establishment consultation based on the same claim by the deliberation of the parliament is limited to within 10 days from the record date. , The Election Commission may be requested to vote for the elector regarding the merger council establishment consultation based on the same request.In this case, the head of the municipality that rejects the merger council establishment consultation shall notify the representative to that effect and publicize it within three days from the date of making the request.The representative certificate required for the request must be requested within 3 days from the record date.

If the municipality does not announce that the merger council establishment consultation based on the same request will be voted by the elector within 13 days from the record date, the person who has the right to vote shall be the person who has the right to vote. With the co-signing of more than one-sixth of the total number, the representative will vote for the merger council establishment consultation to the election administration committee of the municipality concerned about the merger council establishment consultation based on the same request. You can request to do so.

Then, the Election Administration Committee, which received a referendum request for the merger council establishment consultation based on the same request from the head and residents, rejected all the merger council establishment consultations. If there is a notification that a referendum will be held at the direct request of the head or the residents, the vote of the elector shall be submitted regarding the consultation on the establishment of the merger council based on the same request.

If a majority of the total number of valid votes is approved for the merger council establishment consultation based on the same request, it is considered that the merger council establishment consultation has been rejected by the municipal council. , If the council of all the same billing municipalities has passed the merger council establishment consultation based on the same bill (including the case where it is deemed to have been passed by the referendum), all the same billing municipalities will The rules shall be established by the merger council establishment consultation based on the same request, and the merger council shall be established.

Direct billing procedure

The details of the procedure are stipulated in the Local Autonomy Law Enforcement Ordinance, and the outline is shown below.

Request for representative certificate

A person who intends to become a representative of a direct claim (s) are required to be registered in the electoral list, and a representative certificate stating the purpose of the claim (up to 1000 characters) and other necessary matters. To the head of the organization that intends to make a request with an invoice (for administrative audit requests, the Audit Committee, the dissolution of the parliament, the dismissal of members or the head, and the Electoral Management Committee when requesting a referendum to establish a merger council) You must request a representative certificate.

When a request for a representative certificate is made, the person who received the request asks the election administration committee of the municipality to confirm whether the person who intends to be the representative is a person registered in the electoral list. Upon confirmation, a representative certificate shall be issued and a notification to that effect shall be given.

When requesting a referendum for the merger, the representative certificate must be requested within 20 days from the record date.

Collection of signatures and seals

Requests for signatures and seals must be collected within two months from the date of notification of the issuance of the representative certificate in prefectures, and within one month in municipalities.

When collecting signatures, the representative or the person who has been delegated by the representative directly invoices (copy is acceptable), representative certificate (copy is acceptable), power of attorney from the representative (delegation of signature request from the representative) It is possible to request a signature (including a Braille signature for the blind, the same shall apply hereinafter) and a seal with a signature list with the signature (only when the recipient recruits).However, a person who has been delegated by a representative may request a signature and seal only from a person who has the right to vote in the municipality to which the person belongs.

When the representative delegates the person who collects the signature, he / she must immediately notify the requestee of the representative certificate and the municipal election administration committee to which the person in charge belongs.(Submission of signature collection delegation notification form was abolished by Cabinet Order (Cabinet Order No. 25, 28) that partially amends the Local Autonomy Law Enforcement Ordinance, etc.)

In addition, in order for the signature list to be recognized as a valid signature, the signature and seal, the date of signature, the address of the signer, and the date of birth must be stated.

A person who cannot sign due to a physical injury or the like may be delegated to a person who has the right to vote in the municipality to which the person belongs and a signature by ghostwriting may be requested.In this case, the signature and seal of the ghostwriter is required together with the ghostwriter and seal of the person.

The signature list must be collected separately by municipality (in the case of ordinance-designated cities, it is further divided by ward).

Signatures and seals cannot be collected for a period of time before the election.

A person who has signed and stamped may revoke the signature and seal of the signature book through the claim representative until the signature book is submitted to the election administration committee of the municipality. ..

Proof of signature

When the number of people who have signed and stamped reaches the number required for billing, within 10 days for claims related to prefectures and within 5 days for claims related to municipalities, counting from the day after the end of the signing period. The signature list must be submitted to the Municipal Election Commission.

The Municipal Election Commission examines the validity of the signature, and when the proof of the signature is completed, the persons concerned (representatives, delegates, persons registered in the electoral list of the municipality) for 7 days from that date. The signature book of (pointing to) must be provided for inspection.The period and place of inspection of the signature list must be announced in advance and announced in a way that is easy for the public to see.

Persons concerned (referring to representatives, signing recipients, signing persons, persons who have applied signatures, etc.) may request an objection to the validity of the signature from the Election Commission within the inspection period. ..In this case, if the offer is found to have a reason, the proof will be amended, the applicant and related parties will be notified to that effect, and this will be notified at the same time. Notify people.

If there is no objection, or if all objections are decided, the Election Commission will notify the fact and the total number of valid signatures and return the signature list to the representative of the request.

A person who is dissatisfied with a decision regarding an objection to a request regarding a prefecture can file a petition for examination by the prefectural election administration committee within 10 days from the date of the decision, and a person who is dissatisfied with the decision can make a decision. You can file a complaint with the High Court within 14 days of receiving the letter.If you have further complaints, you can appeal to the Supreme Court.

If you are dissatisfied with a decision regarding an objection to a claim regarding a municipality, you can file a complaint with the district court within 14 days from the date of the decision, and if you are dissatisfied with the decision, you cannot appeal, but it is the best. You can appeal to the court.

This request

This request shall be made on the day of receipt of the return or when the representative is not dissatisfied with the validity of the returned signature book, or when the representative has filed a petition for examination or the decision or judgment of the proceedings is finalized. Within 10 days for claims related to prefectures and within 5 days for claims related to municipalities from the date when the validity is confirmed, the invoice for direct claims must have a valid signature of a specified number or more. A document to certify (in addition, if there is a written decision or judgment regarding the determination of the validity of the signature of the signature book or a notice of decision confirmation, etc., it must be attached) and the signature book to the designated organization. This request must be made.

Related item

footnote

  1. ^ a b c d Article 11 of the Local Autonomy Law requires that you be a "Japanese citizen" (Nationality clause).

Local autonomy

Local autonomy(Chihojichi) isCountryExists inRegion-RegionAbout the operation ofresidentsIt means to do it based on the intention of.

Overview

The country is fair and universalGovernanceIn order to maintain the structure, it is required to carry out uniform and uniform operation of the whole nation, but all of them are the same because the actual situation of the region and the request from the residents in the region vary from region to region. It is impossible to operate in the local area, and it is necessary to consider the uniqueness of the local area when operating the local area.

Therefore, the comprehensive management of the local areas will be entrusted to the local areas, and the national government will be in charge of the basic matters related to the nation, and the roles will be divided to make comprehensive coordination of the entire nation.In other words, local autonomy has an aspect that is in opposition to national governance.Resident autonomy(Juminjichi) andGroup autonomyIt has two concepts, (Dantaijichi).

Residents' autonomyDemocracyAspect, group autonomyLiberalismAspect (DecentralizationAspect)[1].

Resident autonomy

Resident autonomyWhat is local autonomy?Community OfresidentsIs the concept that it should be done by the will of[1][2].

Group autonomy

Group autonomyWhat is local autonomy?Central government) Is the concept that it should be done by the community itself (organization / institution) independent of[1][2]..For local autonomySeparation of powerWhen looking at the separation of powers for the entire nation, it is said that the authority is distributed vertically in the relationship between the central and local areas (vertical separation of powers).[3].

As a type of local autonomy,The United Kingdom,AmericaDeveloped inAnglo-SaxonWith type (decentralized / separated type)FranceDeveloped inEuropeIt is said that there is a continental type (centralized / integrated type)[4].

Local autonomy in Japan

The purpose of local autonomy

JapanAbout local autonomyThe Constitution of JapanChapter 8 It is stipulated in.

Article 92 of the ConstitutionIs "Local governmentMatters concerning the organization and operation of the government are based on the principle of local autonomy.lawTo determine this. It shows the principle of local autonomy.The main point of local autonomy here is said to refer to the core part of local autonomy that cannot be infringed even by law, and specifically to local autonomy and group autonomy.

Therefore, it is unconstitutional to abolish the local public body itself or to make the local assembly an advisory body.市町村There is almost no dispute that the abolition of the system is unconstitutional.PrefecturesRegarding the system, the two-stage structure is an institutional requirement, and the abolition of prefectures is unconstitutional,Prefectural systemIf so, the theory that it is constitutional is influential.

There are many laws and regulations related to local autonomy, but these can be broadly divided into those related to the organization and operation of local public bodies and those related to the administration and administrative actions performed by local public bodies.In addition, about basic matters about local autonomyLocal government lawStipulated by

Legal nature of local autonomy

  • Intrinsic rights theory
    It is a pre-national right so that an individual has basic human rights.
    The content of "unique rights" is ambiguous, which contradicts Article 92, which recognizes "reservation of the law", and when local public bodies are granted unique rights, they are unity and indivisible.sovereigntyThere are criticisms such as inconsistency with.
  • Traditional theory
    • Approval theory
    Since it is assumed that it was transmitted from the country and the authority is within the range given by the country, the country can decide including the abolition of local autonomy.
    There are criticisms that local autonomy is greatly influenced by national legislative policies.
    • Institutional Security Theory-Myth
    It was introduced from the country, and the constitution guarantees historical, traditional, and ideological systems, and it cannot be abolished or restricted by law.
    It guarantees the minimum of local autonomy, but widely recognizes legal restrictions.
    There are criticisms that the essential content and core of the system are unknown.

Local government

Significance of local public bodies

  • Local public organizations under the Local Autonomy Law
Local public entities under the Local Autonomy Law are ordinary local public entities and special local public entities (Local Autonomy Law, Article 1-3, Paragraph 1), and ordinary local public entities are prefectures and municipalities (Local Autonomy Law 1). Article 3 Paragraph 2), for special local public entities,special area, Local public entity unions andProperty ward(Local Autonomy Law, Article 1-3, Paragraph 3).
  • Constitutional local public body
Regarding the definition of "local public entity" in the Constitution, the Supreme Court's decision in 1963 stated that "The reason why the Constitution provided a special chapter to guarantee local autonomy is the keynote of the new Constitution. As part of the political democratization, public affairs, which are closely related to the daily lives of the residents, are intended to guarantee a political form in which the local residents take the initiative in processing them. From this point of view, the constitutional local public body is "not just that it is treated as a local public body by law, but in fact the residents live a close communal life economically and culturally. There is a social foundation of having a sense of community, and the basic powers of local autonomy such as a considerable degree of self-government, self-administration, and self-financing, both historically and in terms of actual administration. It should be said that it is necessary to be a local organization to which the Tokyo Metropolitan Government is attached. "Article 93 of the Constitution of JapanIt is not a local public body in paragraph 2, and it has been determined that it is not unconstitutional even if the mayor of the special ward is not elected (maximum judgment, 38/3/27, Showa 17/2/121, Vol. XNUMX, No. XNUMX, p. XNUMX).

Organization of local public bodies

Article 93 of the Constitution of Japan"As a parliamentary body for local public bodies, as required by lawParliamentTo install. And also, "of local governmentslong, Of that parliamentMemberAnd otherStaffIs directly done by the residents of the local governmentelectionTo do. ".This is about local public organizations that are the implementing bodies of local autonomy.EmiratiBy stipulating the establishment of a governing structure and the appointment of persons involved in governance, in local autonomyDemocracyWe are trying to secure.

However, it does not establish a parliament, but instead "a parliament of those who have the right to vote" (so-called parliamentMunicipal general meeting) Is not unconstitutional (Local Autonomy Law Article 94).

Authority of local government

Article 94 of the Constitution of Japan"The local public body ispropertyManageOffice workHas the authority to process and enforce the administration, and within the scope of the lawOrdinanceCan be enacted. The local government is involved in the local area.Property right,Administrative power(Those with public authority) andLegislative powerIt is stipulated to own.

Residents' rights recognized by the Local Autonomy Law

In general, residents are entitled to the services of their local public bodies if they are indirectly or directly grounded by law. (DirectlyLocal Autonomy Law Article 10, Paragraph 2, Other as a basisArticle 92 of the Constitution of Japan,Local Autonomy Law Article 1,Article 73, No. 6 of the Constitution of Japan,Local Autonomy Law Article 2, Paragraph 2Wait)

Special Act on Local Government

  • Article 95 of the ConstitutionIn "A special law that applies only to one local public body is, as required by law, of that local public body.Residents' voteWithout the consent of the majority in国会Cannot enact this. It secures the independence of local governments with respect to the national government, thereby guaranteeing the local autonomy system itself.

Local autonomy in England

England(England) Local autonomy is governed by a local government called the District[5]..Residents elect members of the parliament, and each standing committee of the parliament directs each administrative department (parliament-committee method).[5].

Local autonomy in France

France's local autonomycommuneIt is governed by a local government called (Commune)[5]..Residents elect members of the parliament, and the chairman is elected by the public election of the members of the parliament, and the chairman becomes the only executive body as the chief (chairman = chief method)[5].

Local autonomy in the United States

The structure of local governments in the United States differs from state to region.The methods are classified into dual representative system, commission type, council-manager type, and chief-administrative manager type.[5].

footnote

References

  • Nobuyoshi Ashibe, Kazuyuki Takahashi "Constitution" Iwanami Shoten, 2011, 5th edition.ISBN 9784000227810.
  • Masaomi Kimizuka "Basic Text Constitution" Law Culture Company, 2011, 2nd edition.ISBN 9784589033628.
  • Shunichi Sato, "Theory of Local Autonomy," Seibundo, 2002.ISBN 9784792331719.
  • Toshihiko Nonaka, Mutsuo Nakamura, Kazuyuki Takahashi, Victory Takami "Constitution II" Yuhikaku, 2006, 4th edition.ISBN 978-4641130005.

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