Governor of Yoshimura Yamagata Prefecture Affirmation for the 4th term, but avoiding long-term challenges
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Governor Yoshimura makes both the second and third term expressions in the form of answering questions at the prefectural assembly, and it will be noted whether he will make a statement at the regular meeting in September, which will open on the 2th of this month.
Governor Yoshimura did not reveal his attitude on the 2th, while some camps have already begun to move toward the election of governor in February next year ... → Continue reading
This is an account of "Sakurambo Television" (Fuji Television affiliate) news. We will send you the latest news from Yamagata Prefecture.
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Japanese local council
- Local government lawIn the following, only the number of articles will be described.
Local public bodies where parliament is placed
- Ordinary local government
- Special local government
Local councils existed before the war, but they were not elected.Imperial Japanese ConstitutionThere was no provision for local autonomy.Second World Warrear,Article 93 of the Constitution of JapanTo the ordinary local public bodies that are stipulated in theLegislative bodyIt is clarified that it should be placed as a basis. However, in the towns and villagesOrdinanceInstead of a parliament, instead of this is a general assembly of votersMunicipal general meetingCan be provided (Article 94as well as the Article 95). However, the fact that the general assembly wasKanagawaAshigarashimoAshinoyu Village(CurrentHakone townPart of) andTokyoUtsuki Village(CurrentHachijo(Part of)).
Difference from the Diet
- The Diet is the highest authority of national power and is said to be the only legislative body (Article 41 of the Constitution). On the other hand, the local government systemEmiratiBecause not only the members of the parliament of ordinary local public bodies but also the heads are directly elected by the residents.Local council is not the highest body of local public bodies..In addition, the local assembly has the right to enact and amend or abolish ordinances within the scope of the law, but the heads of ordinary local public bodies also have the right to enact and amend and abolish rules.[Note 1] Therefore, it is not the only legislative body.For this reason, the non-arrest privilege and the immunity to speak in the hospital, which are granted to members of the Diet, are not granted to members of the local assembly.
Long time agoMunicipal system-Municipal systemBased on this, each city, town and village has a city council, a town council, and a village council. A specific example isTokyo City Council,Higashi Ward (Osaka City)See.Second World Warrear,The Constitution of JapanBecame the current name and organization. However, even today,Commonly knownThe names of city councils, town councils and village councils are used as In addition,Five big cities(Kyoto City,Osaka,Nagoya city,横 浜 市,Kobe CityParliament ofGovernment-designated cityThe city council is called the "city council" by the agreement of the city presidency..
Prior to the partial revision of the Local Autonomy Law in 1999, the Local Autonomy Law stipulated a fixed number of members of the Diet, but from the perspective of increasing the self-determination power of local governments, the Ordinance Constant System was adopted in the same year. .. Initially, it was said that the number must be set within the range that does not exceed the upper limit set by the Local Autonomy Law, but the 2011 revision of the Local Autonomy Law removed the upper limit.
The ordinary local public assembly must elect one chairman and one vice-chairman from the members (Article 103(Item 1).
Except for the union groups mentioned below, like the national electionsJapanese nationalityBeing elected by a direct election with residents who are 18 years of age or older and who have been registered as residents in the constituency for 3 months or more after registration. In principleSingle note non transfer type OfLarge constituency system(Voters in multiple constituencies vote for one candidate, simply win the candidate from the highest number of votes), but there are also constituencies with a constant one. In the case of prefectural assembly, as a rule, select from multiple electoral districts with the basic unit of city or county. In principle, municipalities and Tokyo's special wards are single electoral districts,Government-designated cityIs elected from multiple electoral districts that are elected by administrative district. Since the term of office of the local council and the mayor is often the same throughout Japan, these elections will be held at the same time throughout the country.Unified local electionsHas a great influence on the political affairs of national politics.
Election of members of union assembly
Some office associationsMembers of parliaments of special local governments as unions of local governments, such as and regional unions, are either elected from the members of the constituent local governments by mutual election, or serve as members of the union body.
The term of office of members of the ordinary local public assembly is four years (Article 93 paragraph 1). The term of office of members of the local public assembly starts from the day of the general election (Public office election lawArticle 258 text). However, if the general election by the expiration of the term is held before the expiration date of the members of the assembly of the local government, if the predecessor has been in office until the expiration date, from the day after the expiration date of the predecessor , When all the predecessor members have disappeared after the election date, start counting from the day following the day when all members of the predecessor have disappeared (Public Office Election Act Article 258 proviso). About the substitute member of the member of the assembly of the local public body, he/she remains in office for the remaining term of the predecessor (Article 260, paragraph 1 of the Public Office Election Act). In addition, a newly elected member due to a change in the number of members of the parliament of local governments will remain in office until the expiration date of the member elected by the general election (Public Office Election Act Article 260, Paragraph 2).
In addition, due to the dissolution of parliament and the request for dismissal of members of the Diet, the status of members may be lost before the expiration of the four-year period. However, as will be described later, the dissolution of parliament has high hurdles, so it is unlikely that dissolution will take place. However, if the local government is abolished due to a merger, etc., the assembly itself will disappear. The legislator loses its position.
In the constitution, as a Japanese local government systemEmirati(A system in which the head of a local government is selected separately from the members of the parliament by the public election of residents). The heads of ordinary local governments and the parliament are both equal on behalf of the residents, and it is expected that local autonomy will be smoothly managed by exercising their own authority and controlling each other. However, the head of an ordinary local government isArticle 147In addition to ), he has powerful authority in the real world, such as preparing budgets, making proposals, and holding executive powers. Therefore, the presence of the local council tends to be weaker than that of the chief.[Note 2]In such a situation, the local council is not necessary when there is a problem, such as the high cost of the members of the Diet, the overseas inspections by dispatching the members like a sneak peak and the improper use of the government affairs research expenses, etc. The extreme theory such as or came to be seen.
However,DecentralizationAs local governments expand their voluntary legislative powers, the need to strengthen legislative functions such as enactment of ordinances. There is also a growing need to properly monitor the mighty powers of the chief. In this way, in order to realize decentralization, it is indispensable for local councils to exercise their authority appropriately.
Ordinary local government councils must vote in the following cases (Article 96). The voting cases are specifically listed in the Local Autonomy Law, and the general powers of the heads of local governments are generally listed (Article 149), which is different from the widely assumed presumption of authority. For this reason, it is said that the restricted enumeration principle is adopted for the parliamentary voting cases. However, given that voting cases can be added arbitrarily by ordinance, voting cases are not necessarily limited to those listed in the Local Autonomy Law.
- Enactment, revision and abolition of regulations
- It does not prevent the budget from being increased and amended (Article 97, Paragraph 2). However, it is said that it cannot be modified to violate the authority of the chief to submit, and there are certain restrictions. It is understood that there is no limit to the reduction adjustment.
- Thing about levy collection of local tax or collection of contribution, usage fee, subscription fee or fee
- Conclusion of contracts specified by ordinance in accordance with the standards specified by Cabinet Order
- Acquisition or disposal of real estate trust, other real estate trusts, and other properties specified by ordinance in accordance with standards specified by Cabinet Order
- Receiving a donation or gift with a burden
- Waiver of rights, except as required by law or ordinance
- Exclusive use specified by the regulations of public facilities
- Prosecution, etc.
- Setting the amount of damages as the authority of the assembly
- Comprehensive coordination of activities of public bodies within the area of local public bodies
- Matters belonging to the authority of the Parliament by other laws or Cabinet Orders (including regulations based on these)
- In addition to the above, ordinary local public bodies may add cases to be decided by the parliament with respect to cases related to ordinary local public bodies (excluding those related to legally entrusted affairs) by ordinance.
Voting rights belonging to authority
Ordinances of ordinary local public bodies must hold elections belonging to their authority by law or by a Cabinet Order based thereon (Article 97(Item 1). Election of chairman and vice-chairman (Article 103(1) and election of members of the Election Commission (Article 182This is the case in paragraph 1).
Inspection right and audit request right
- Censoring documents and statements related to the affairs of the ordinary local public body, requesting the report of the head, committee or member of the ordinary local public body, and inspecting the management of the affairs, the execution of votes and the receipt and payment. it can(Article 98(Item 1).
- The Audit Committee may be requested to audit the affairs of the ordinary local government and request a report on the results of the audit (paragraph 2 of the same Article).
Right to express opinions
The ordinary local public assembly shall provide a written opinion on the case relating to the public interest of the ordinary local public body.国会Or related administrative agencyCan be submitted to (Article 99).
It should be noted that the statement of opinion is for deciding and expressing the will of the assembly, which is an institution of the local government,It does not determine or express the collective will of local governments.Therefore, only the members of the Diet have the right to propose the opinion, and the heads of local governments do not.
Right to investigate
The ordinary local public body's assembly may investigate the affairs of the ordinary local public body and request the appearance and testimony of the elector and other related persons and the submission of records (Article 100). The committee entrusted with exercising the right to investigate is from the provisions of the Local Autonomy Law.Hyakujo CommitteeAlso called.
It is the authority established during the postwar reforms, with reference to the National Assembly's right to investigate the political situation. However, it is said that the parliamentary authority to investigate the national affairs can be exercised not only by the House of Representatives but also by the committee. A parliamentary vote to that effect is required.
- Self-government affairs: affairs that belong to the authority of the Labor Commission and the Expropriation Commission and are specified by a Cabinet Order.
- Legal outsourced affairs: Specified by a Cabinet Order due to other reasons such as possible danger to national security.
A person who intends to petition a parliament of an ordinary local public entity must submit the petition by referring to the members (Article 124). In addition, if there is no introduction of a member of the DietPetitionThat.
The council of the ordinary local public body is the petition adopted by the ordinary local public body.Enforcement agencyThose who find it appropriate to take the measures in (XNUMX) may send them to them and request a report on the progress and results of the processing of the petition (Article 125).
The enforcement agency must process the petition in good faith (Petition Law Article 5), but is not legally bound by the petition.
The petition can be submitted even if the municipality does not have a resident card.
The local council is divided into regular meetings and extraordinary meetings, and adopts a session system. That is, Parliament operates only during the session (with the exception of the Commission's closing review).
The activities of the parliament will be started when the head convenes the parliament, but once the parliament is convened, the establishment and extension of the session and the opening and closing of the parliament are to be determined by the parliament (Article 101~Article 102).
- Convocation (Article 101)
- The chief convenes (section 1).
- The chairman may, after a resolution of the parliamentary steering committee, or more than a quarter of the number of members, request the chairman to convene an extraordinary session by indicating the case to be submitted to the meeting ( Sections 4 and 1).
- It was decided that the chairperson could convene if the chairman does not respond to the request for convening due to the 24 revision..
- Regular meeting
- It is convened every year as many times as specified by the ordinance (Article 102).
- Prior to the 16 revision, it was set as "the number of times specified by the regulations within four times a year", but there is no such limitation now. However, many local councils still hold regular meetings four times a year.
- Revised in 24, it was made possible to have a full year session by ordinance.
- It is convened every year as many times as specified by the ordinance (Article 102).
- Extraordinary meeting
- Only required cases will be convened.
Chair and Vice Chair
- Chairman's authority
- Attend the committee and speak (Article 105).
- Whether the bill is acceptable depends on the majority of the members present, but if the number is the same, the chairman can decide (Article 116). As in the Diet, the chairman does not participate in voting, so in municipal councils with a small number of occasions, there are occasions where "the chairman puts out the chairman's position because the leader loses the vote".[Note 3].
The committee is a deliberative body that uses specialized knowledge and experience to make preliminary examinations on matters to be discussed by the parliament.
Each committee may submit a bill to the Parliament regarding matters related to the affairs of the relevant ordinary local government belonging to that section among the cases to be voted by the Parliament. However, this does not apply to the budget (Articles 109, 109-2, 110).
- Standing Committee
- Congress Steering Committee
- After the decision of the Parliamentary Steering Committee, the chairperson may request the head of the ordinary local government to call an extraordinary meeting indicating the cases to be submitted to the meeting (Article 101 paragraph 2).
- Investigation and examination items (Article 109-2)
- Matters concerning the operation of the assembly
- Matters concerning the assembly rules of the assembly, ordinances regarding committees, etc.
- Matters concerning the chair's consultation
- Special committee
- A special member is appointed by the parliament and remains in office while the case submitted to the committee is being deliberated (Article 110, paragraph 2).
- The Special Committee will examine the cases submitted by the Parliamentary resolution only during the session. However, regarding the specific case submitted by the vote of the Parliament, it is still possible to examine this even during the closing period (Article 110, paragraph 4).
- As a general rule, the parliament cannot hold a meeting unless more than half of the members are present (113 article).
- When there is a request from more than half of the members of the parliament of ordinary local public bodies, the chairman shall hold the meeting on that day (114 article).
- When a majority of two-thirds or more of the attending members vote by the initiative of the chairman or three or more membersSecret meetingCan be held (115 article).
- Minutes(123 article）
- Must be signed by the chair and at least two members.
- A person who wants to petition the parliament must submit the petition with the introduction of a member of parliament (124 article).
Dismissal of parliament, dismissal of parliamentarians
- From residentsDirect billing(recall) Can request the dissolution of the parliament and the dismissal of members of the Diet ()Article 13,Article 76~Article 80).
- More than three-quarters of the members of the parliament can attend, and with the consent of more than four-fifths of the members present, it can be voluntarily dissolved (Special Law on Dissolution of Local Government Assembly).
- If the distrust of the chief is passed, the chief can dissolve the parliament within 10 days (Article 178).
Relationship with the head of a local public body
- The head of an ordinary local government, which is the head of the executive body, is responsible for re-deliberating the illegal decisions of the parliament.VetoIs allowed (Article 176-Article 177).
- If there is an objection to the vote, the chief may refer to it again (Article 176, paragraph 1). In that case, if there is a re-voting decision, the decision will be finalized (paragraph 2 of the same Article). Consent of two-thirds or more of the attending members is required for re-voting on the ordinance or budget (paragraph 3 of the same article).
- When the head of the parliament finds that the voting or election exceeds the authority or that there is a violation of laws and regulations, he/she must refer to the reconsideration or re-election (Article 176, paragraph 4). If the re-election or re-election is found to be in violation of laws and regulations, the Minister of Internal Affairs and Communications or the prefectural governor may be requested to examine it, and if the decision is unsatisfactory, it may be brought to the court.
- The chief must delete certain expenses (compulsory expenses, disaster recovery expenses, etc.) and resubmit the vote for reduction.
- For lengthNo confidence vote(Article 178, paragraph 1)
- When more than two-thirds of all members of the parliament attended and more than three-quarters of the members voted for no confidence in the parliament, the parliament took less than 3 days from the date of notification. Can be dissolved. If he does not disband, he will lose his job 2 days after being notified of the vote of no confidence, but the unemployed chief can run for elections that accompany his loss. In the event of dissolution, more than two-thirds of the total members of the parliament will be present in the assembly that was convened for the first time after the dissolution, and if there is a majority vote with no confidence, the head will be unemployed on the date of notification. And you cannot dissolve parliament again. Even in this case, the unemployed chief can run for elections that accompany unemployment. It should be noted that this non-confidence vote is the greatest weapon against the head with great power. Because even if the chief exercises the right to dissolve in the first non-confidence vote, there will be no big difference in the composition of parliament after the election.[Note 4] In addition, since the second non-confidence vote has much looser requirements than the first, it is highly likely that the chief will lose his or her job when the first non-confidence vote is passed.
- To the head about matters belonging to the authority of the parliamentPunishmentAuthorized to do (Article 179).
Compensation and other benefits
- Member compensation(Article 203）
- Expense reimbursement (payment of expenses required for work ex travel expenses, etc.)
- Term-end allowance (can be paid by the regulations.)
- State affairs activity expenses(As part of the cost for investigating and researching, it can be paid to parliamentary groups or members of parliament by ordinance.) (Article 100)
Local councilors in Japan are relatively more rewarded than local councilors in other countries. this is"Public office election law"Or"Political Funds Control LawBased on this, the contributions from individuals and companies to local councilors are strictly regulated, which results in higher administrative costs, but conversely, as in other countries (especially Europe and the United States), parliamentarians are bought with money. It is a certain stop to prevent that.
- Parliamentary pension (abolished June 2011, 6)
Chapter 11 of the Local Government Employee Mutual Aid Association Act stipulated a pension for members of the local assembly. However"Great Heisei mergerHas caused the number of local assembly members to decrease sharply[Note 5], Which was gradually reduced from 2007, but was finally abolished on June 2011, 6. However, payments to members who have already retired are still being made with reductions. The current lawmaker is basicallyNational pensionHave joined. However, those who belong to a company other than the member of the parliamentary office and have joined the welfare pension do not. By the way, the parliamentary pension was sometimes seen as “privileged”Employee pension,Mutual aid associationThe multiplication rate was worse than that of. However, you can receive a pension in 3 years 12 years[Note 6] The thing was an advantage.
- According to the Local Autonomy Law, the term of office of the Vice-Chairman is four years, which is the same as the term of office of members of the local government, but most parliaments often change their positions within 4-1 years.
- Some courts have confirmed that they are "sightseeing trips" for inspections by some parliamentary committees. , Suspicion of reusing the text of the inspection report is pointed outThe incident is happening.
- Among some magazines and writers who are critical of the current state of the local council, the decline of the local council is remarkably declining, the number of non-voting winners and the number of local elections is increasing, and compared to parliamentarians. Some argue that there are problems such as scandals and difficulty in discovering fraud, and that there is an increasing need to reduce the number of members due to the merger of municipalities with local councils as described above..
- ^ The “Ordinance” referred to in Article 94 of the Constitution is understood to include the rules established by the Chief.
- ^ For example, it was pointed out that even among the residents, many people could say the name of the chair of the local government but not the name of the chairman.
- ^ In recent years 2007OsakaChihaya Akasaka VillageThere is an example of parliament. The number of pros and cons of the merger was the same.
- ^ Election rights of the local assembly are limited to those who have the right to vote within the constituency
- ^ 2004 to 2011 in 7 years from 5 to 1And decreased to 6%.
- ^ At that time, a minimum of 25 years was required to qualify for the welfare pension. It is now 10 years.
- ^ Yokohama City Yokohama City Council Q & A FAQ
- ^ The relevant administrative agencies include administrative agencies of national governments as well as local governments.
- ^ a b Policy News/Trends of countries, etc. A law to revise a part of the local government law is enacted.
- ^ Miyagi Prefectural Assembly New Zealand inspection fee lawsuit The prefecture does not appealNovember 2017, 11 Hebei Shimpo Online
- ^ Okayama Prefectural Assembly Overseas inspection report reused Copy the same conversion mistakeMarch 2018, 1 Mainichi Newspaper
- ^ "Even if you become a member of the Diet, your monthly income is 16 yen, and a veteran member who looks like a gerontocracy ...”(Japanese). Yahoo! News. 2020/10/26Browse.
- ^ "Problems of Tondemon Local Representatives" p32-33. Toshihide Aikawa 2014