Bulletin of the Japan Educational Administration Society
Online ISSN : 2433-1899
Print ISSN : 0919-8393
THE PRESENT SITUATION AND SOME MAJOR ISSUES OF LOCAL ORDINANCES CONCERNING EDUCATION(LOE)(RESEARCH NOTE)
Yaichi WAKAI
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JOURNAL FREE ACCESS

1988 Volume 14 Pages 193-207

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Abstract
Administration by law is a important principle of administration in Japan's post-World War II period. This principle means that administration should be enforced on the bases of laws(horitsu), orders (meirei), local ordinances (jorei), rules (kisoku) and regulations (kitei). Both the Ministry of Education, Science and Culture Establishment Law (article 6) and the law concerning Organization and Functions of Local Education Administration (article 25) stipulate that educational administration must be enforced under the principle of administration by law. The Constitution of Japan provides that local public entities shall have the right to enact their own ordinances within the law (article 94). And, in fact many LOEs have been enacted. So far as I know, however, remarkable studies on the results of LOE are few, except those studies on the so-called "Quasi-public Election Ordinance of board members in NAKANO ward." Based on such a consideration, I have studied LOE for several years. In this paper, I attempt to clarify the present situation of LOE, to point out the major features or tendencies of them in relation to national laws and orders and some major issues of LOEs. The contents of this paper are the following; 1 The present situation and major features of LOE. (1) The conception of LOE. (2) The national laws as the foundation of LOE. (3) The present situation and major features of LOE. 2 Some major issues of LOE. (1) Issues of local ordinances concerning school establishment. (2) Issues of local ordinances in regard to the protection and healthy development of the juvenile. (3) Issues relate to "the quasi-public election ordinances of board members in NAKANO ward". (4) The relationship between local ordinances and teacher's salary. 3 Conclusion.
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© 1988 The Japan Educational Administration Society
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