理事会決定と評議員会諮問

—大学を設置する学校法人寄附行為の分析—

抄録

The decision-making mechanism at incorporated educational institutions (IEI) in Japan comprises two organs: the board of directors (BD) and the board of councilors (BC). According to a principle in the Private Schools Act, the BD makes decisions and the BC offers consultation. However, the law permits some flexibility. It allows individual IEIs to stipulate in their articles of endowment that matters for BC consultation require not only consultation but also a resolution of the BC. This complicates the relationship between the BD and the BC in terms of decision-making in IEI management. By analyzing the contents of endowment for all 540 IEIs that were operating universities in fiscal 2008, this paper seeks to clarify the relationship between the BD and the BC in decision-making at such IEIs, and thereby to gain an overall picture of how frameworks for decision-making in private university management are formulated today.