内閣制度の改革をめぐる諸問題 : とくに「行政国家」化の観点から

抄録

Generally, in contrast to the "legislative state" in the 19th century, the state in the 20th century is characterized by "administrative state", where brings about inevitably the superiority of executive power as a result of hypertrophy of a administrative functions. In postwar Japan, also, there have been evident phenomena of trend to the "Administrative State", such as, the increase of government bill, the dependence on delegated legislation, the mere shell of financial democracy, the infiltration of circular notices into administrative organ, and the monopoly of planning power by administrative authority. Consequently, it is apparent that the idea on government system of the Japanese Constitution and its constitutional reality is separated remarkably. In this paper, I aim at studying the marked characteristics and the acute problems about the Cabinet system in the Japanese Constitution, after analyzing the situation concerning the "Administrative State" in postwar Japan. From now on, it is necessary for us to examine what is the constitutional government system that could correspond to requirements for trend of the "Administrative State" in the future prospect.