天皇の公的行為に対する内閣の補佐制度 : 行政組織法上の観点からの考察

抄録

In the laws of our country, the Cabinet holds the two positions, namely the supreme administrative organ and the assistant organ to the Tenno. The Cabinet as the supreme administrative organ, in addition to the general administrative functions in Art 73 of the Constituion, performs the authorized functions in the Cabinet Law and the Law of National Administratie Organizaton. On the other hand, the Cabinet as the assistant organ gives advice and approval on all acts of the Tenno in matters of state, and is responsible for it. Now, the main probleme is that "the public acts" of the Tenno, in addition to the his constitutional functions, haave been done widely with the assistance of the Cabinet. For example, the attendance at the opening ceremony of the Diet and the giving a opeing address, the reception to other Heads of State, the undertaking state visits abroad, the royal tour of the various countries, the giving a garden party, the attendance at the national meetings like as the National Athletic Meet, the reception to going to offer people's congratulations at the Imperial Palace at the New Year of on Tenno's Birthday, and so on. Seeing the administrative instances of the symbolic Tenno system in postwar Japan, the assistant system of the Cabinet to the Tenno's public acts is recognized officially in accordance with the Kunaicho Law and the Kunaicho Order of the Administrative Agency based on the Law of National Administrative Organization. In this paper, I examine what the administrative characteristics of the assistant system of the Cabinet are, by studying the structures especially of the Law of National Administrative Organizaion, the Kunaicho Law, and the Kunaicho Order of Administrative Agency.