Noritoshi Furuichi's view of politics and human relations echoed "I misunderstand that I'm on Twitter"
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Nowadays, there are increasing cases where entertainers are forced to apologize or burn up just by expressing their approval or disapproval of the bills and administrations that are regarded as problematic.
SNS that can develop into a big uproar due to one difference in political views.Noritoshi Furuichi, a sociologist, writer, and talent ... → Continue reading
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Wikipedia related words
If there is no explanation, there is no corresponding item on Wikipedia.
law(Horitsu) is a unit of state or federal state.ParliamentAfter the vote of (British: statute) Or, a positive law norm that mainly limits the freedom and property of the people, enacted by the ruler or the state (British: law,alone: Gesetz,Buddha: law,Luo: lex).
Formal meaning law
Substantive lawThe following are the main points of significance (substantial meaning of law).
- In the era of constitutional monarchy in the 19th century, only the authority of a monarch to establish a law, which restricts the "freedom and property" of the people, was transferred to the Parliament. And abstract legal norms"RegulationTraditional understanding). This position is GermanyConstitutional monarchyIt was a product of compromise between the monarch and the people (parliament) under the Constitution, and was the mainstream position under the Imperial Japanese Constitution.
- In the present age when the idea of national democratic rights is widely accepted, there are many positions that are regarded as general and abstract legal norms without the limitation of “freedom and property”. By considering this position as such, the generality of the law (the application of equal law to an unspecified number of individuals and cases) is guaranteed,LegalismI think it suits (RegulationOne of the modern understanding of. For exampleThe Constitution of JapanThe substantive law below is said to refer to general and abstract legal norms.
- In some cases, the constitution has stipulated matters under the law of substantial meaning.FranceUnder the constitution of the Fifth Republic, the jurisdiction of the law is narrow and limited, so the authority of the parliament is narrow, and there is plenty of room for the government to operate without the control of the parliament.
Legislative process in Japan
Laws under the Imperial Japanese Constitution
Imperial Japanese ConstitutionBelow, the law is the law that binds the people,Imperial AssemblyAfter the decisionEmperorIt was a legal form approved by (Articles 5 and 6 of the Constitution of the Imperial Japanese Empire). There was a dispute over whether the "legislative power" of Article 5 of the Imperial Japanese Constitution enacted a law in the formal sense or in the substantive sense.
In some cases, the Emperor could reject the legislation voted by the Imperial Diet, so if I turned it over, Article 6 of the Constitution wouldVetoIt was also. However, in reality, in the operation of the Imperial Constitution, the Emperor never refuses the law that the Imperial Assembly has voted, and the imperative of the Emperor's law set forth in Article 6 of the Imperial Constitution is in fact a form. It was a spiritual and ritual act.
Under the understanding that the provisions, etc. regarding national administrative agencies are not the legal norms regarding the rights and obligations of the people (they do not apply to the concept of “laws” above),EdictEstablished by (Article 10 of the Constitution of the Imperial Japanese Empire,Cabinet systemSuch).
Law under the Japanese Constitution
currentThe Constitution of JapanBelow, the law is a "(social) contract," except for "where this constitution has special provisions", "elected parliamentarians representing all citizens" (Article 43 of the Constitution), the "nation's only legislative body" (Article 41 of the Constitution) Barrel国会"Passed by both Houses" (Article 59 of the Constitution(1) is a legal form that is established by being. "If there is a specific provision in this constitution,"Superiority of the House of RepresentativesIs recognized (Article 59, Paragraph 2 of the Constitution),Emergency meeting of the House of CouncilorsIn case of approval in (Article 54 of the ConstitutionThere are 2) and 3). Also, in the case of the local special law, the consent of the residents by the referendum is required (Article 95 of the Constitution). Except in the case of local special law, the law will be passed when it is passed (case law).
The formal effect of the law is lower than that of the constitution, which is the "national highest law" (Article 98 of the Constitution),AdministrationIssued by the institutionCabinet Order,Ministerial Ordinance,Supreme Court rules,MunicipalitiesEstablished by the Parliament ofOrdinanceIt is higher.
Procedure to enact the law
Type by proposal/submission
Under the current constitution, there are the following three procedures for drafting and submitting laws.
As in the case of 1, legislation carried out by a bill submitted by a legislator or committee is generallyLegislatorCalled. The legislation thus established is sometimes called legislative legislation. In both Houses to contribute to legislative legislationHouse of Law(Article 131 of the National Assembly Law. House of Representatives and House of Representatives). In addition, as a system to help the members of the Diet for research and duties,National Diet Library(Article 130 of the Diet Law,National Diet Library Act),Council secretary(Article 132 of the Diet Law),Parliament House(Article 132-2 of the Diet Law).
Legislation by lawmakers
About submission of law bill by lawmakers,Diet lawSaid lawmakers need a supporter to "initiate" the bill.
In the case of a bill submitted by the committee that is drafted by the committees in both Houses and submitted by the chairman.
Approval of Cabinet's right to submit bills
Cabinet ActArticle 5 recognizes the Cabinet's right to submit bills. However, whether or not the cabinet has the right to submit a bill is a problem because there is no explicit provision in the constitution. There are the following positions on this issue.
- Position to deny because the Diet is "the only legislative body of the country".
- On the other hand, there is a counterargument that "the only legislative body" means to enact the law only by the Diet and does not prohibit the Cabinet from making an opinion in the decision process.
- Article 72 of the Constitution A position to affirm and interpret that the bill in the first sentence of the Constitution includes a bill.
- In response to this, the first half of Article 72 of the Constitution stipulates that the Prime Minister shall represent the bills that the Cabinet has the authority to submit, and that the Cabinet does not grant the Cabinet the right to submit bills. There is.
- The constitution of Japan isParliamentary Cabinet SystemThe position that affirms that the Diet and the Cabinet are expected to collaborate.
- In response to this, there is a counterargument that in the parliamentary cabinet system, it is not customary for the cabinet to have the authority to submit bills.
- Even if he denies the Cabinet's right to submit a bill, the minister of state, who is a member of parliament, can act under the qualifications of a member of parliament, which is virtually the same as affirming.
- On the other hand, if the Secretary of State submits with the qualification of a member of parliament, there is a restriction of Article 56 of the Diet Act, so even if all the Ministers of State are signed, it may not be possible to submit the bill. There is an argument that it cannot be said that there is no.
- The right to submit a law in the sense of binding the Diet is not recognized, but the position that the Diet does not prohibit the Diet from binding itself by law, like the restriction of proposals made by members of the Diet.
Flow from idea to promulgation
Many laws have been enacted by the Cabinet. In that case, the following steps are generally taken (in the following,Cabinet Legal Affairs BureauDescription of , And supplemented as necessary). The process is centered on the bill preparation room called the "octopus room."
- Each administration will create an original draft (first draft) of a bill, which will enact new laws or amend or abolish existing laws.
- Based on the first draft, opinions will be coordinated with related ministries and the ruling party. If necessary, consult with the council and hear opinions at public hearings.
- If there is a prospect of submission of a law draft after 1 and 2, the administration will work on legal culture (create the draft bill).
- The draft legislation prepared in 3 is subject to preliminary examination by the Cabinet Legal Affairs Bureau (Originally, the examination by the Cabinet Legal Affairs Bureau should be conducted on Cabinet proposals that have undergone the procedure of 5. , "Currently, the Cabinet proposal is based on a bill that has undergone preliminary examination by the Cabinet Legal Affairs Bureau."
- At the stage of step 4, the chief minister of state conducts a cabinet approval procedure on the submission of the bill to the Diet by the prime minister. The Cabinet Secretariat that accepts this will send the Cabinet Proposal to the Cabinet Legal Affairs Bureau.
- The Cabinet Legal Affairs Bureau will also make a final examination, referring to the results of the preliminary examination, making any necessary corrections, and transmitting them to the Cabinet Secretariat.
- Regarding the bill that passed 6 examinations,Cabinet Legal Affairs BureauBut,CabinetI will explain the outline on the table. If the Cabinet decision is made without any objection, the Prime Minister shall submit the bill to the Diet (the House of Representatives or the House of Councilors).
- The chair of the House of Parliament, to which the bill is submitted, shall refer the bill to the appropriate committee. The committee mainly deliberates in the form of questions and answers to the bill. When the deliberation by the committee is completed, the deliberation shifts to the plenary session. If the bill is approved by the committee and plenary session in the parliament to which the bill is submitted, the bill is sent to another parliament. In the House of Representatives that received the report, the committee and plenary sessions will also be deliberated and voted.
- If passed by both Houses, the submitted bill becomes "law" (Article 59, Paragraph 1 of the Constitution. Excluding cases where the Constitution has special provisions (Article 59, Paragraph 2, Article 95 of the Constitution) ).
- After the law is passed, it will be performed by the chairman of the House of Representatives via the Cabinet.
- Within 30 days from the date of performance, the Emperor promulgates based on the advice and approval of the Cabinet (Article 7 No. 1 of the Constitution, Article 66 of the Diet Law). Promulgation, after the Cabinet decision (for promulgation),Official gazetteIt is done by being posted in. The laws promulgated include:Law numberThe signature of the chief minister of state and the co-sign of the prime minister (Article 74 of the Constitution) are made.
Law enforcement (enforcement)
Promulgation is a requirement for the law to actually come into effect (enforce), and promulgation does not create the power to bind the people. Regarding when the promulgated law will come into force, it is usually stipulated in the supplementary provisions of the promulgated law, but if there is no provision, it will come into effect 20 days after the date of promulgation. (General law regarding application of lawArticle 2). If promulgated and enforced on the same day, the official gazette will be sent to the National Printing Bureau's Official Gazette Section or the Tokyo Official Gazette Sales Office (the first place where general applicants could view and purchase the official gazette). It is said that there was a promulgation when it arrived (case law).
Individual articles on Japanese law
Legislative process in the UK
The British Parliament is composed of both the House of Lords and the House of Commons, and the law is passed in both houses after the approval of the King..
However, by the National Assembly Law of 1911 and 1949, the bill that the President of the House of Commons determined to be a Money Bill is sent to the House of Representatives one month before the end of the session after passing the House of Commons. Then, even if the House of Lords does not pass, the bill will be passed through the approval of the King... As for other public bills, the House of Lords can only delay the passage of the law for one year after passing the House of Commons, unless it is a bill that extends the term of office of the House of Representatives..
In practice, when the House of Representatives and the House of Lords have different votes, it is customary that they be resolved by consultation between the parties rather than by the procedure of the National Assembly Law..
- ^ a b Masasuke Omori-Kaoru KamataVolume "Legal Legislation Lecture" Shoji Homu, 2006, 440 pages
- ^ Masasuke Omori-Kaoru KamataEd. "Lessons in Legislation", Commercial Affairs, 2006, 440-441
- ^ Masasuke Omori-Kaoru KamataVolume "Legal Legislation Lecture" Shoji Homu, 2006, 441 pages