Through focusing on issues such as the expansion of warning targets of their genetic diseases and the enforcement of involuntary genetic testing, this article brings forth the discussion that the sharable nature of "genetic infor mation" among families and the community does not only leverage the genetic privacy of individuals, but also has the possibility to diminish such privacy. As mentioned in this article, in Safer v. The Estate of George T. Pack, 677 A.2d 1188 (N.J. 1996), the court imposed a duty to a doctor professing in genetic diseases to warn the patient and the families of the patient of genetic risks. Moreover, in consideration to the polysemic nature of "genetic information," this article debates the restriction of sharing such information in case of involuntary genetic testing, and refers to the possibility of comprehensive argument on the "genetic privacy" issue, only through specific classification or typification of "genetic information" itself.
In the series of the Administrative Reform, the new administrative system led by politicians has born and grown. However, on the other hand, the National Diet, prescribed as "the highest organ of state power" by the Constitution, has not wrested the policy initiative from the administrative apparatus of the central government, which has been in place since the Meiji Era. To reform this situation, it is essential to enhance the Diet members' policy forming ability. For this purpose, the Diet members should make the best use of their assistants substitute for the bureaucracy. This article will examine the system and the problems of the Diet member's assistant as compared with the U.S. Congress staff on which the current system has been modeled, and then try to show ways to improve on the effect for Parliamentalism.
1. Introduction 2. The outline and the newest trend of fire-fighting administration 3. Analysis of fire-fighting outsourcing of Tokyo Fire Department 4. New movement toward broader-based reorganizaion 5. Conclusion
Introduction 1. The age of co-production 2. The patterns of co-production 3. The rules of co-production Conclusion The agency delegated function was abolished by enforcing Decentralization of Power Law in 2000, the authority of administrative divisions and cities, towns, and villages was expanded, and the local system reform that secured the group autonomy started. However, the resident self-governance that is an important element of the principal object of the home rule has not been secured. In the last decade, the movement of the co-production has spread to nationwide various places. Above all, municipalities adopt co-production method to make a decision about Comprehensive Plan. In this article, the case with Mitaka city and Hachioji City is introduced as a pattern of co-production, and it introduces the enactment process of the citizens participation ordinance that aims at the institutionalization of the co-production done in Kunitachi city.
Many local governments have been amalgamated since 1995. This is the Heisei Municipal Amalgamation. It is relevant to the reform of decentralization. The local government has acknowledged how powerful the local autonomy is through amalgamation. Was civil autonomy realized by amalgamation? This paper is a study on the process and result of the civil autonomy at the Heisei Municipal Amalgamation. In the process of amalgamation we have seen a lot of activities and changes such as: many citizen participation cases, proposals for establishment of conference or ordinance, public comments, recall, and citizen referendums. These cases have some problems to work out, for example, legally binding referendums, relations between direct citizen voting and representative democracy system, and formalistic conferences without solving these problems, we can't move forward. Even though we have these problems, the ten years of experience from the Heisei Municipal Amalgamation has stimulated the progress of civil autonomy. Many citizens have taken interest in civil autonomy through this process. Therefore, we can build our experience to innovate the civil autonomy system.
In Japan, the introduction of disclosure of official information started in the municipality. And it has a big influence on the attitude to information disclosure by the advancement of the telecommunication technology. Proceeding the computerization of administrative information, it is expected to take place a change for the ideal way of information disclosure. And the computerization of administrative information enables a wide dissemination. It is thought that opening the homepage to the public can play an important role in "Opened administration" in parallel with the introduction of disclosure of official information. However, it is possible to think whether neither the computerization of administrative information nor opening the homepage to the public necessarily lead to the promotion of the community participation on the other hand. Moreover, the content open to the public on the homepage doesn't provide with the content to expand the resident self-governance. In addition, in most cities, towns, and villages, enough administrative information is not open to the public on the homepage, and the homepage doesn't function well as a medium of announcing to public. Information open to the public on the homepage has been biased to information related to sightseeing rather than administrative information for the citizens. In addition, residents are not so much interested in information that the administration offers on the homepage. In such a meaning, however the computerization of administrative information certainly has the possibility of contributing to the promotion of the community participation, it can be said that it has a lot of problems at the same time.
In June of 2004, Laws on Landscape, Green and Advertisement were en acted. These are the first comprehensive laws on landscape and townscape control in Japan. Since Taisyo Era, there was landscape and townscape control system, based on national laws. That national system had some problems, and after the WWII some local governments enacted ordinances to realize their original landscape and townscape control system. The purpose of this paper is to investigate the effects and the problems of these landscape and townscape control systems in Japan, and to try estimate the effect of the Laws on Landscape, Green and Advertisement.
1 Introduction 2 The new treasury investment and loan Background Fremework 3 The issues of the new treasury investment and loan The rate of the postal savings, the reserves of pension and postal life insurance funds in national bond The rate of the bond in the treasury investment and loan planning, which specially designated public corporation issued Are the past problems resolved? 4 Conclusion
President George W. Bush often invokes executive prerogatives, particularly executive privilege, as if the imperial presidency of Nixon administration revised. Although executive privilege is not mentioned Constitution, presidents have invoked the privilege to withhold executive information. The Supreme Court approved that the privilege derives from constitutionally prescribed separation of powers in United States v. Nixon. But the Court also defined limit of the power because separation of powers does not intend absolutely independent of each branches. In the result of this conclusion, when the privilege faces information requested by coordinate branches, the balancing test emerges. The test weighs executive need to secret and necessity to gain the information of coequal branches. It seems that this is good solution to executive privilege issue. However, standard of this test is not clear so that presidents often abuse the privilege like George W. Bush. The test has constitutional difficulty because of the dilemma which presidents need secrecy to perform constitutional duty as well as coordinate branches need the information to fulfill their constitutional power. In spite of the difficulty, we need to clear the standard of the test in order to prevent abuse of executive privilege. This article examines principle of executive privilege by the Supreme Court and tries to clear some problems about judicial reasoning, which include obscure standard. After the examination, I conclude that we need to amend judicial framework about executive privilege because the framework is not complete to control abuse of executive privilege.
Japan and United Kingdom have concluded a new trade treaty in 1894. As a result of this treaty, Japan has approved foreigners to live inside whole of the country, and several rights of foreigners, such as reside, travel, and toleration, have been approved. After the conclusion, Japanese Government started preparation to execute the treaty scheduled in 1899. The preparation had two sides. Japanese Government requested people to protect rights of foreigners and not to clash with them. Because they hadn't accustomed to touch with foreigners. When many Buddhists insisted exclusion of Christianity, Minister of Interior persuaded them not to do that. In addition, he ordered police agency to protect toleration of foreigners and train interpreters preparing for the crime of foreigners. But at the same time, some problems caused by foreigners, especially induced by participation of Christianity to the field of education and politics, have been watched by the government. Japanese Government forbade religious teachers to join political groups and eligibility of them. Buildings of church, contents of propagation and publication were sometimes observed by Ministry of Interior under the security law. For example, Mormonism which had come to Japan in 1901 was watched by Ministry of Interior because their custom of polygamy had been suspected to exist. The Ministry permitted their propagation, but investigation also had been kept. These policies suggest a dilemma between diplomatic consideration and demand of domestic stability, Meiji Government had faced.