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🏛 | “Self-public confrontation” turmoil, impact of “invalidity rate XNUMX%” in the background


A vote of voters cast in a photo ballot box

"Self-public confrontation" turmoil, impact of "invalidity rate XNUMX%" in the background

 
If you write the contents roughly
Before and after the announcement of the referendum, the two sides violently confronted each other and became a criticism battle, and the severance continued even after the city concept was re-vetoed in the second referendum in November 20.
 

"I think that there may be various impacts on the progress made with the cooperation of ourselves." October XNUMX, Komeito Yamaguchi Na ... → Continue reading

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Wikipedia related words

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Referendum

Referendum(July Minto Hyo) is, in a certain area,residentsOf those with certain qualificationslegislation,Public office OfrecallEtc. to clarify the intentionvote.ReferendumIt is,electionSo be careful not to get confused.

Referendum in Japan

Referendum based on the constitution of Japan

Article 95 of the Constitution of JapanThen,国会Is specificMunicipalitiesIf you try to enact a special law (local special law) that applies only to, it is said that it cannot be enacted without a majority of the votes, as a result of a referendum by the residents of that local government.[1].. The procedure isDiet law(Article 67 etc.) andLocal government law(261 article・Article 262, etc.)[1].

In the case of the Local Autonomy Special Law for multiple local governments, a referendum is implemented for each target local government (under the former Military Port City Conversion Law, referendums are decided in each city of Yokosuka, Maizuru, Kure and Sasebo). It was implemented)[1].. Not only is the Local Autonomy Special Act enacted, but it also requires a referendum to amend it (eg, a law that partially amends the Ito International Tourism Hot Spring Cultural City Construction Law).[1].. However, a referendum is not required to abolish the Local Autonomy Special Law (eg Capital Construction Law).[1].. When applied to an area where local governments do not actually exist under national law, it does not fall under the Local Autonomy Special Law (eg, special cases such as the Local Autonomy Law for the establishment of villages associated with large-scale public land reclamation). Act on (AkitaOgata VillageEstablished before the establishment of)))[1].

Judgment criteria of the Local Autonomy Special Act

Whether or not a bill corresponds to the “special law” stipulated in Article 95 of the Japanese Constitution and should carry out a referendum depends on the provisions of Article 261 of the Local Autonomy Law, and it is passed at the final passage of the Diet. Later from the chairPrime MinisterIt depends on whether or not a notification that "it is a special law" is issued.

Even when targeting the area of ​​a specific local government, it is said that the law does not fall under the Special Act on Local Autonomy if it is a law to regulate the administrative and financial measures of the country to that area (for example,Hokkaido Development LawIs treated as defining national affairs regarding the development of the Hokkaido area, not "Hokkaido" as a local public body)[1].

All of the special laws that have passed referendums in the past have given financial incentives to local governments, so they are all approved by a majority. Since all the special laws that have gone through referendums in the past mainly focused on financial assistance, there are some who question whether they are “special laws” of Article 95 of the Constitution.[1].

on the other hand,1997 OfOrdinary DietInResidential Army Site Special Measures ActIn the process of deliberation/enactment of a partial amendment bill to the US military bases in Japan, the land subject to the provisions newly added by the amendment (regulations permitting temporary use of the land) is actually located in Okinawa Prefecture. Because of this, organizations and individuals opposed to the U.S. forces in Japan said, "This amendment bill is a special law stipulated in Article 95 of the Constitution, and it is the same to enact it without going through the referendum procedure. It is a violation of the article." However, regarding the amendment, there is no wording in the text that the applicable area is limited to Okinawa Prefecture, and since it was applicable to all U.S. military bases in Japan in the case of Kenzen, the final decision by the House of Councilors (Council of Council) The chairman did not notify the prime minister of the fact that it was a "special law," and no referendum was held.

At the time of the first enactment of the bill and in case of amendment bill with substantial changes in content, the notice will be attached and the referendum will be implemented, for example, in the law text already enacted after the referendum as a special law. If only a part of the phrase is changed (eg change in the name of the ministerial position due to the reorganization of the administrative organization)ChairSince the notification will not be given based on the decision of (no need for referendum), the referendum will not be implemented and will be promptly promulgated and promulgated as a normal partial amendment law. The last example of the referendum, "Ito International Tourism Hot Spring Cultural City Construction Law"Notice of Partial Amendment" (Act No. 27 of 312) contained substantial amendments (this is the only example of a partially amended law). A referendum was held, but none of the other minor revisions (which have been made multiple times in some of the laws below) were given the same notice, and neither was held.

Procedure for enacting the Special Act on Local Government

The enactment procedure is carried out in the following order.

  • After the vote, the last chairman of the House of Representatives (the chairman of the House of Representatives if the vote of the House of Representatives is a vote of the Diet, the chairman of the House of Representatives if the vote is in an emergency meeting of the House of Representatives)Prime MinisterNotify (Local Autonomy Law, Article 261, paragraph 1)
  • The Prime Minister immediately informs the Minister of Internal Affairs and Communications to that effect (Local Autonomy Law, Article 261, paragraph 2)
  • Minister of Internal Affairs and CommunicationsHowever, within 5 days, notify the head of the relevant ordinary local government to that effect and transfer the related documents (Local Autonomy Law, Article 261 Paragraph 2)
  • The head of the relevant ordinary local government will vote within 31 days after the 60st (Local Autonomy Law, Article 261, paragraph 3)
  • After voting, the head of the relevant local government will report the results to the Minister of Internal Affairs and Communications with the relevant documents (Local Autonomy Law, Article 261, paragraph 4).
  • The Minister of Internal Affairs and Communications immediately reports to that effect to the Prime Minister (Local Autonomy Law, Article 261, paragraph 4).
  • The Prime Minister immediately takes steps to promulgate the law and notifies the Speaker of the House of Representatives and the Chair of the House of Councilors (Article 261, paragraph 5 of the Local Autonomy Law).

At the beginning of the promulgation of these laws is a declaration "based on Article XNUMX of the Constitution of Japan". After that, "based on" was changed to "based" by changing the notation method of legal terms, so if a special law is enacted in the future, it will be crowned as "based on Article XNUMX of the Constitution of Japan". it is conceivable that.

Special law after referendum

Example of special law after referendum
Diet dateReferendumSpecial lawMunicipalitiesAgreeOppositionResultAnnouncement dayLaw number
NovemberNovemberHiroshima Peace Memorial City Construction BillHiroshima city718526340EstablishedMay 824 Law No. 219
NovemberNagasaki International Cultural City Construction BillNagasaki792201136EstablishedMay 824 Law No. 220
NovemberNovemberCapital construction billTokyo1025792676550EstablishedMay 625 Law No. 219
NovemberOld military port city conversion billYokosuka886448901Established25 Law No. 220
Kure813553523Established
Sasebo766782117Established
Maizuru284815200Established
NovemberNovemberBeppu International Tourism Hot Spring Cultural City Construction BillBeppu294879858EstablishedMay 725 Law No. 221
NovemberIto International Tourism Hot Spring Cultural City Construction BillIto65343652EstablishedMay 725 Law No. 222
NovemberAtami International Tourism Hot Spring Cultural City Construction BillAtami87921831EstablishedMay 825 Law No. 233
NovemberNovemberYokohama International Port Construction Bill横 浜 市17536119972EstablishedMay 1025 Law No. 248
NovemberKobe International Port Construction BillKobe City13827225638Established25 Law No. 249
NovemberNara220897735Established25 Law No. 250
Kyoto City13226358261EstablishedMay 1025 Law No. 251
NovemberNovemberMatsue214866804EstablishedMay 326 Law No. 7
NovemberAshiya102882949EstablishedMay 326 Law No. 8
Matsuyama City405718016EstablishedMay 426 Law No. 117
NovemberNovemberKaruizawa5138410EstablishedMay 826 Law No. 253
NovemberNovemberIto International Tourism Hot Spring Cultural City Construction Law Of
Bill to revise a part
Ito12710256EstablishedMay 927 Law No. 312
Law numberList in order.
The Capital Construction Law isMetropolitan Area Improvement ActHas been abolished with the establishment of[1].

Referendum based on direct billing system

There is a referendum system based on the direct billing system based on the Local Autonomy Law and the Municipal Merger Special Law.[1].

Local government law

Under the Local Autonomy Law, of the direct claims, the dissolution of the parliament (Articles 76 to 79), the dismissal of the members of the Diet (Article 80, Articles 82 to 85), the dismissal of the chief (Articles 81 to 85). )aboutVotersIf you collect and request a certain number of signatures, there are provisions that must be submitted to the referendum.[1].

The number of signatures required for a referendum usually depends on the number of voters in the local government.

If the number of voters is less than 40
If the number of voters is x
If the number of voters exceeds 40 and 80 or less
If the number of voters is x
When the number of voters exceeds 80
If the number of voters is x

請求が成立したときは選挙人の投票に付され、告示の日から60日以内に行われなければならない(地方自治体施行令第81条第2項・第100条の2・第113条)。投票の告示は、都道府県に関するものは30日前、市町村に関するものは20日前までに告示しなければならない(地方自治法施行令第116条の2)。

In the electionPublic office election lawThe rules for the election of ordinary local public bodies are generally applied mutatis mutandis (Article 85, Paragraph 1 of the Local Autonomy Law).

Referendum based on the rules of the merger exception law

2030 May 3The Special Merger Law (“Law Concerning Special Exceptions to Municipal Mergers”), which is a time-limited measure up to,Residents' proposalbyMerger councilThere is a provision that you can directly request installation, and a signature of 50/1 of the voters is required.

For this direct billingParliamentIf the decision is denied, a referendum will be held if there is a request from the chief to vote. Even if the chief does not vote, one-sixth of the voters have a request for a referendum.

In any of the above cases, the referendum shall be held only if all of the groups of the municipalities involved in the merger that do not reject or vote for the merger installation council installation consultation (refer to the groups that do not reject or vote) If there is no request for referendum in any one of the, referendum will not be implemented).

This request is just a request for establishment of a merger council, and the merger itself must be decided by the relevant municipal councils.

In the single request type, when there was a notification that there was a request for referendum, in other cases, a report that there was a request for referendum in all groups where the merger meeting establishment bill was rejected by the assembly It will be implemented within 40 days after the notification that there was. Notification will be made 10 days before the voting date.

To vote, write “yes” or “no” in the designated space on the ballot.

Regulations on the voting movement are generally in accordance with regulations on referendum for dissolution and dismissal.

Referendum by the merger special law before revision

2005 From October2010 The pre-revision merger special law that was enforced until March, when the prefectural governor recommended that a prefectural governor establish a merger meeting based on the combination determined based on the municipal merger promotion plan established by the prefectural governor, the municipal council merged. If the council establishment consultation was not passed, a referendum on the establishment of the merger council was possible at the request of the mayor of the municipality or by direct request from one-sixth or more of the residents. However, there were no actual examples of referendum under this system.

Referendum based on the ordinance

Local governments may enact ordinances by establishing ordinances on referendum[1].. Normally, it will be conducted based on a special referendum ordinance that targets only matters that are problematic such as the merger of municipalities.[1].. On the other hand, some local governments have established permanent referendum regulations for important policies.[1].

Referendum based on other laws

Law on the establishment of special wards in metropolitan areasReferendum based on

Within the prefecture areaspecial areaIn case of installing a special ward, after the approval of the council of the prefecture in which the special ward is installed and the council of the municipality (hereinafter referred to as "related municipality") in which the special ward is to be installed, the vote of the elector in the related municipality It is said that each municipality must implement and support a majority of valid votes.

Based on this lawOsakaIn2015 May 5ToOsaka City Special Ward established referendumHas been implemented, the so-called "Osaka Metropolitan concept"Is rejected.2020 May 11Also review the division of special wards, etc.Voting for abolishing Osaka City and establishing a special wardWas carried out again, but the result was a veto.

Referendum under the Old Police Law

1947 から1954 Was enforced untilOld police lawAnd law about exception of police maintenance of city[Note 1]Then run by the townMunicipal policeWas able to be abolished or revived by a referendum.

Referendum system in countries other than Japan

スイス,AmericaIn countries such as (limited to some states), direct legislation is also conducted by referendum.

In addition, the “vote referendum” in the Republic of China in Taiwan is generally called “public referendum” or “public cast” in the media and the like.

However, since one vote is for or against,ReferendumEven after the end, the “protest” and “opposition” conflicts continued,内 戦,RiotMay lead to[2][3]On the contrary, there is a risk of damaging democracy.

In addition, the rejected sideSuingThere are also cases where the legitimacy of the referendum is questioned.[4][Broken link].


The United States of America

StateMore important policy decisions (eg,Abolition of capital punishment) May be held in the referendum.

スイス

The main axes of direct suffrage in Switzerland areReferendumIs. The referendum is becoming a skeleton as it is incorporated into the referendum.

The suffrage for the Swiss referendum is "Landsgemainde".[5] The states that carry out Landsgeinde areAppenzell Inner Roden TerritoryGlarusIt is held in the last two Sundays of April each year. The main agendas are the pros and cons of state political issues and the election of state legislators and judges. The method of manifestation is the raising of hands by voters.Public votingTherefore, it is unlikely that the willingness of the will of the voters will occur and the conflicting of the residents will not occur,Secret votingNot so, there is no lively debate. Therefore, there are criticisms from within Switzerland regarding the significance of suffrage.[5] In addition, public voting isEuropean Convention on Human RightsTo contravene the Convention, Switzerland ratified the ratification of the Convention by adding a special provision that exempts Landsgemainde from the Convention.

footnote

[How to use footnotes]

注 釈

  1. ^ Law (exception 27 of 247) about exception of police maintenance of city
    Article XNUMX With the area of ​​towns and villages where the responsibility for police maintenance was transferred to the national local police based on the provision of Article XNUMX, paragraph XNUMX of the Police Act (Act No. XNUMX of XNUMX) , Or if a city is established with all or part of the area and other towns or villages that do not maintain police, the city shall not It may be decided not to keep the police after the vote.
    (XNUMX) The resolution set forth in the preceding paragraph must be made within XNUMX days from the date of establishment of the city concerned. In this case, the mayor shall report the result of the vote to the Prime Minister via the National Public Safety Commission.
    Article XNUMX A city that has decided not to maintain police under the provisions of the preceding article may maintain police by referendum.
    (XNUMX) With regard to the referendum set forth in the preceding paragraph, the provisions of Article XNUMX-XNUMX of the Police Act shall apply mutatis mutandis. In this case, "City Council" shall be read as "City Council", "City" shall be read as "City", and "Mayor Mayor" shall be read as "Mayor" in the same Article. ..

Source

  1. ^ a b c d e f g h i j k l m n "Basic materials on the referendum system”. Secretariat of the Constitutional Investigation Committee of the House of Representatives. NovemberBrowse.
  2. ^ http://www.tandfonline.com/doi/abs/10.1080/01402387908424239?journalCode=fwep20
  3. ^ [1]No-vote victory celebrations in Glasgow as tensions rise after divisive referendum sees Scotland stay in union
  4. ^ Kyodo News (June 2014, 11). "Independence of Catalunya, blocking public opinion polls Constitutional Court of Spain". Sankei Shimbun. http://www.sankei.com/world/news/141105/wor1411050003-n1.html NovemberBrowse. 
  5. ^ a b "Die Landsgemeinde-Politik-Pomp oder Ur-Demokratie?”. Swissinfo.ch. NovemberBrowse.

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