The existing Constitution of Japan has succeeded and adopted the idea of "rule of law" or "administration ruled by law" (die gesetzma βigkeit der Verwaltungs) as one of the fundamental principles of modern states. This principle generally means that the public administration should be executed on the basis of laws or statutes which are discussed and enacted in the National Diet and its Tragers (persons in charge of the public administration) should not treat it by their own judgement, whatever nominal reasons they may have. The laws or statutes which control the national and local rules and regulations should not be unconstitutional and must coincide with the essential ideas or principles of the Constitution. Accordingly, the public administration in general should be based not only on the laws nominally, but also on the Constitution substantively. As this is of course applied to the public administration of education, it must be also treated on the basis of laws and the Constitution (basically on the Fundamental Law of Education which concretizes the constitutional ideas on education). When this applies particularly on the contents and methods of education (its internal affairs), the arbitrary administration without depending on laws or statutes should not be permitted, for it is necessary that some kinds of fundamental human rights (particularly the right to education and some rights to freedom) should be guaranteed. Even in the cases when the educational administration depends on laws or statutes, it is strongly required that the education "improperly" should not be ruled. (Article 10 of the Fundamental Law of Education) In practice, however, both public administration in general and educational administration in particular seem to have gradually deviated from the essential ideas or spirits which the Constitutional Law and the Fundamental Law of Education (especially its Article 10) have originally adopted, with the lapse of more than 40 years since their enactments. The main reasons of the deviations lie in the change of power of the politics in the post-war days, and the exceptions and limitations of the principle itself of "rule of law" or "administration ruled by law". There are some cases of educational administration carried out through decrees and notifications which are not necessarily based on the laws or statutes, administrative interpretations magnifying or reducing the meanings of laws or statutes, and "substantively administrative" legislations by the Government which has been sustained over the ultra-long term by the conservative majority party in the National Diet. These cases have brought the deviations. And these deviations are now being partially admitted even in the interpretation of the Supreme Court which seems to have become conservative. This is now a very important problem. Because it means the collapse of "the separation of three powers". In order to work out a solution to this problem on the educational administration, new "educational councils" should be established on the national, prefectural and municipal levels, and in each school. They should be constituted by the representatives of the various social groups who speak for their own standpoints. The necessarily inevitable decisions on educational disputes should be done rationally according to the "five-divided method" after the prudent and thorough discussions of these councils.

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In Japanese educational law system, there is a line of Constitution and the Fundamental Law of Education and another line of orders for job specifications. It seems that a line of orders is more powerful than the other line. Section 32 of Local Public Servant Act provides that public servant should obey orders from his or her superior. So, teachers in State or public schools should obey orders from the head or deputy head teacher. A judicial precedent says that teachers can refuse the order only when it is objectively, seriously and obviously illegal. But, in fact, head or deputy head teachers can not give an order which is objectively, seriously and obviously illegal. Therefore, teachers must always obey orders even if teachers are discontented with them. I hope teachers have their professional discretion. It is necessary to amend the law on this.

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The national government and the local authorities intend to keep the balance between uniformity of their national curriculums and originality of school curriculums in countries around the world. In Japan, the Ministry of Education, Science and Culture lays down the "Course of Study", which presents national guidelines for the curriculum for each of the four school levels. Each school organizes its own curriculum in accordance with the provisions of relevant statutes and course of study. This procedure is regarded as reasonable by most teachers and parents in Japan, because uniformity and homogeneity are charactaristics of Japanese culture and social climate. In adition, a large number of teacher does not think that the course of study prevents them from doing daily independent activities. As the standard describes minimum essentials for school curriculum, teachers are expected to create their own school curriculum. In the revised course of studies that was officially announced in March 1989, the expression "school must plan the curriculum" was changed into the expression "each school must plan the curriculum." It means that fundamentally teachers devise their own curriculum in each school. I think the school based curriculum development (SBCD), a term that occurs in many countries in recent years, (for example, Canada, United States, United Kingdom, etc.) will be important for innovating school activities. At the same time, I think it is important for the enrichment of teaching contents and the improvement of teaching methods that the school principal, vice principal, leading teachers, teachers, parents and other members of the community develop their original curriculum cooperatively with the leadership of the supervisor of the board of education.

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Law and educational administration in regard to school curriculum tend to cause conflict among various parties and impose constraints upon teachers. Teachers need professional latitude in terms of what and how they teach with consideration not only for the characteristics and the level of physical and mental development of the pupils but also for the local conditions where pupils live. This paper proved that the authority of the Minister of Education to control the school curriculum has been given by the provisional article in the School Education Law. This article has its origin in the School Education Law enacted originally in 1947 during the Occupation Period following the end of the World War. It specified that the reasonable authorities should prescribe the matters connected with subjects to be instructed, and for the time being, the responsible authority should be the Minister of Education. The phrase of "for the time being" implied the reasonable time until the prefectural and local boards of education would become capable of preparing their own course of study. This phrase meant that the Minister of Education should tentatively control the curriculum up to that time. Conclusively, this paper recommended that such provisional or temporary article should be revised, and curriculum authority should be distributed from the Ministry of Education to the prefectural and local boards of education. This revision of law and educational administration will promote local capability and autonomy in regard to the school curriculum. This local autonomy will inevitably and ensuringly extend teachers' professional latitude in devising curricula which might be fitted more closely to the actual conditions and localities where pupils live.

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1. The educational administration are carried out under the principle of "administration by law" in Japan. Generally speaking, this principle means that administration should have legal bases and yet be performed as prescribed by laws. The aim of the principle is to check arbitrary administrative action, prevent administrative power from improper abuse, and to realize fair administration supported by public opinion. But there is no clear standard in the principle of "administration by law" about what kind of matters should be prescribed or provided in laws in the strict sense. And we can't deny the possibility of plural interpretations on the same provision. Under these circumstances, educational administrative agencies (e. g. the Ministry of Education, prefectural or municipal boards of education) are in fact able to exercise administrative discretionary power to some extent (degree) under the principle of educational administration by law. 2. So then, in this paper, I attempt to clarify the following points. (I) The importance of the principle of "educational administration by law" and the structure of positive laws (exactly speaking, statute laws) concerning the principle. (II) Possibilities of administrative discretion under the principle of "educational administration by law". (III) The limited or conditional importance of administrative discretion in educational administration. Through studies on (I) to (III), the findings and my opinion are as follows: (1) The principle of "educational administration by law" are realized to high extent by many laws (containing the Constitution), the Fundamental Law of Education, the School Education Law, the Social Education Law, the Ministry of Education, Science and Culture Establishment Law, the Local Autonomy Law, the Law Concerning Organization and Functions of Local Educational Administration, and so on. (2) However, educational administrative agencies hold (keep) extensive possibilities, that is (1) possibilities of interpretational discretion of statute laws, (2) possibilities of discretion in making administrative orders, (3) possibilities of discretion in making boards of education rules and regulations, (4) possibilities of discretion in exercising the power concerning the teaching personnel. (3) The importance of administrative discretion should be recognized on condition that it supports and complements the principle of "educational administration by law". And a great deal of effort must be put into the self-inspection of administrative actions or activities. Furthermore, administrative agencies are expected to grapple with new subjects or problems making full use of their discretionary powers.

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This paper focuses on the legalization in education. Legalization began in the experience with the highly contested desegregation. In the aftermath of the 1954 decision on Brown v. Board of Education, the landmark in school desegregation cases, the extent and depth of judicial involvement with the schools dramatically increased. Federal court decisions affecting education increased from 729 between 1957 and 1966 to 3, 486 between 1967 and 1976. The courts have rendered decisions not just about racial desegregation but also decisions on procedural due process in education. Racial concerns insinuate themselves into every aspect of a school system, from student suspension to teacher recruitment. Courts have contributed to the legalization of dispute resolution in the public schools. The federal government has enacted compensatory education and education for the handicapped to protect a variety of children who were treated invidiously discriminatory. The grants programs required local districts to abide by specific rules as a condition of eligibility for grants. Then the number of pages of federal regulations concerning education increased from 92 in 1965 to nearly 1,000 in 1977. The states have also legislated equal educational opportunities, accountability, and data-based educational management systems including minimal competency testing. As the ideal of equality of opportunity has tended to be replaced by the concept of an adequate level of achievement, policymakers legislated about the process of education itself. Anyway legalization was also an inevitable result of these legislative enactments. Detroit is a typical case of direct control by the federal court. In 1974 the U.S. Supreme Court ordered the Board to develop a desegregation plan. A major thrust of the court ruling was the effort to improve the quality of education in Detroit. The plan which went into effect in 1976 called for revisions in almost all aspects of education such as reading, vocational education, bilingual education, career guidance, testing, uniform code of conduct, in-service training, and school-community relations. Under the court orders and guidelines, Detroit Board of Education adopted a number of regulations and policies to put into practice the law that all children of the city will be provided with equal educational opportunities throughout the school system. Legalization, as D. Kirp explains, "entailes establishing a system of decision committed to rules, trafficking in rights rather than preferences or interests, and justifying outcomes with reasons." The elaboration of substantive rights embodies one element of legalization. The development of procedural protections provides the other. Legalization contributed to a significant expansion of individual rights for students and teachers. It also promoted openness of process and fairness and diminishes the possibility of arbitrary action by school bureaucracy. But the idea of legalization is often criticized by teachers. Imposing procedural requirements on the practice of student discipline potentially undermines the authority of them and are sometimes a source of tension between parents and teachers who instead should work in tandem on behalf of the child. When rules become ends in themselves, legalization may offer legislated learning and judicially mandated learning. On the other hand 1980s has witnessed a 180-degree shift in emphasis in federal policy from the 1960s and 1970s: from equality to excellence; from regulations and enforcement to deregulation and privatization. What is needed now is to strike a new balance between rule and discretion that can inform educational governance.

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Before 1988 there was no provision about the school curriculum except religious education in the law of education in England. Control of the curriculum had been left to teachers and the examination system. Education Reform Act 1988 greatly changes this structure. On one hand it introduces National Curriculum in which the Secretary of State specifies by orders attainment targets, programmes of study and assesment arrangement of each of the core and the other foundation subjects. Every maintained school is required by the Act to have its curriculum based on the National Curriculum. On the other hand the Act introduces market principle into the educational administration through the local management of schools, the city technology colleges and the provision for the grant maintained school. On this aspect consumer choice of schools by parents is expected to raise educational standard and to make schools more accountable to the parents and the community. This paper examines this new structure, the market guided by the 'public' hand of the Secretary of State according to Ranson, of the curriculum administration and specifies its characteristics and problemes. In the National Curriculum the LEAs are diminising their role about the school curriculum and there is a danger in too much prescription which would not allow imaginative implementation by those who must teach it. In addition educational market may be imperfect and the consumer choice dose not mean public choice that reflects the interest of the public as a whole. So it is argued that the professinal support by the LEAs to schools, the great deal of scope for teachers in curriculum planning, and public choice on all the levels of educational administration are key factors to achive the objects of the education reform, i.e. raising standard and making schools accountable to the society.

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In the Fifth French Republic, the executive power has attained superiority over the legislative power. This is a characteristic of the modern central administration system. According to the provision of Article 34 of the present Constitution, the domain under the statutes is clearly marked off from the domain under the ordinances issued by government agencies. In the educational administration, the statutes passed by the parliament are limited to the extension that they can only define the fundamental principles concerning the education system. Most of the regulations which are related to education are, consequently, the ordinances issued by the President, the Prime Minister and the Minister of Education. And in order to clarify and explain these ordinances are also issued many circulars and instructions. The expansion of executive power poses the problems on how to control and check its abuse. The measures of check and control are the juridical control, the parliamentary control, the inspection and the control over the educational administration by consultative procedure. In the control by parliament, for example, the educational administration is checked by the democratic discussions when the parliament is passing the statutes of educational affairs. It is also checked by the questions of the members of Parliament to the Minister of Education. Especially in the second case, written questions rather than oral ones function effectively. In the case of the control by consultative procedure, checking function in the first stage is conducted by the National Council of Education which consists of the members of representative bodies related to education. And in second stage, this is done by their participation in the national education plannings, statutes and regulations. Besides these measures of control, the recent trend of administrative decentralization is also relevant to democratic control of educational administration. It leads to the enlargement of autonomy of local authorities.

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What is the idea of the legal regulation on the educational administration ? In the traditional studies of administrative law (e.g., in France and Germany), the theories on legal administration (gesetzmassige Verwaltung) and separation of powers have justified that the executive power (administration) has a free realm from legislative and judicial powers, and rejected people's control over the administration. Soviet power had denied the idea of separation of powers because Soviet power aimed gradually to replace the administration by the experts with people's self-administration which was to bring about the withering away of the state. But, as a result of application of this ideal, the authoritative 'administrative system' of the party-apparatus has been made. Now, the USSR is endeavoring to change the Stalinist-authoritative bureaucratic State into the rule-of-law state. And the traditional authoritative administrative system of education is being superseded by the new democratic administrative organs: territorial-cooperative self-government organs of education (educational Soviets and school Soviets). In the early period, Soviet power had destroyed Tsarist bureaucratic administrative system of education, and tried to build up the new educational authorities. The State Education Commission drew up the general plan which established the educational soviet (Sovet Narodnogo obrazovanija). This educational soviet was an organ of territorial-cooperative self-government of local education. And in the schools, the 'school Soviets' were established. Both organs were composed of pupils (or students), teachers and worker-inhabitants. The State Education Commission's plan of the educational soviet, however, was confronted with severe rejection from NKVD (People's Commissariat of Internal Affairs) and also from the advocates of the 'school-commune' [shkola kommuna] (e.g., V.M. Pozner). Then, in June 1918 the 'Regulations of Council of People's Commissars on the organization of education in the Russian Repubulic' established the educational soviet as a 'controlling advisary' organ under the educational department of executive committee of local Soviet. However, the educational soviet, even as a 'controlling advisary' organ, had disappeared because of its ineffectiveness. And then, in the early 1930's the principal or schoolmaster was established. In such a regime, pupils were deprived of the right to participate in school self-government (management). In the late Stalin period, the Minister of education RSFSR attempted to change such a rigid system, and to reconstruct educational Soviets and school Soviets. N. Khrushchev's accusation against Stalin brought a chance of democratic rebirth of Soviet society. But two Regulations of 1959 on the schools (the 8 years school and the secondary school) did not establish educational Soviets and school Soviets. In this way, the traditional Soviet-type educational administration had been formed, and such an administrative system was supported by the hegemony of the party and social organaizations. Now, Revolutionary Perestroika of educational administration is endeavoring to abolish this traditional system of educational administration and to re-establish a democratic system, i.e. the educational soviet and the school soviet. But the success of such an attempt will depend on whether it can replace the hegemony of the party and social organaizations with the democratic organization of people (children and adults).

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The aim of this paper is to clarify the changes in the research methodology in educational administration, in reference to my two different researches on the fatigue and mental health of teachers in public schools. In the first research the empirical and positivistic methodology based on the general system theory was adopted. The critical review of methodology of the first research shows the following issues to be solved. 1) The methodology of the first research focuses on the data collection and analysis concerning the relationship between the working conditions and fatigue and morale of teachers. The research was designed based on a series of techniques in data collection, hypothesis testing, concepts manupulation and statistical analysis. It ignored the teacher's conciousness, subjective commitment and administrative participation. It has played a role to reinforce a science of administration from the perspective of the administrator's side, although it dealt with the teacher's fatigue and morale. 2) Generally, the science in educational administration has maintained the concept that "education" and "administration" should be separated. This tendency resulted in the disregard of the inherent missions of the science of the "effective and efficient achievement of educational objectives". The science of educational administration, especially school administration, needs to analyze the correlations between the "interna" as educational thought and practices, and the "externa" as educational conditions (4M's; Man, Material, Money, and Management). 3) The mental health of teachers is not only influenced by the visible organizational structures and functions of schools, but also by the social context that restricts school lives, and by the invisible organizational culture. The first research neglected such factors. Based on those reflective thoughts, new approaches were challenged in the second research. In this research, not only the methods based on systems analysis, but also the phenomenological method or the action research were used. The institutional stress is analyzed in the social context of school lives. It is assumed that organizational culture has an influence on the conflict of values and the "basic assumption" of teachers. Still there remain several methodological difficulties in the second type of research.

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This paper aims at clarifying the significance and the incompleteness of the educational legislation established by Education Reform Act 1988, which the author calls Thatcherism Educational Legislation, after reviewing its specific character. The Education Reform Act is the materialization of Thatcherism, which is the combination of neo-liberalism and neo-conservatism, because the administration of the public education, and the structure of the legislation provided by it is composed of the market forces measures based on neo-liberalism and the centralization measures connected with neo-conservatism. The former is characterized by privatization, the latter marked by state control. The market forces and the centralization are logically contradictory to each other. Therefor, it can be said that the specific character of Thacherism Educational Legislation consists of the contradictory structure of its policy system. This contradictory structure is needed to cope with the necessity for solving the problems in the public education linked with the social and economic crisis which is a result of the pursuit of the welfare state policy line. The market forces measures and the centralization measures are complementary each other and are compatible in terms of their function to satisfy all sorts of need in the administration of the public education under the liberal democratic state system. It is necessary for the liberal democratic state to combine the market forces measures with the centralization measures to administer the public education system in a effective and democratic way in order to improve the level of educational services. However, Thatcherism Educational Legislation strongly influenced by "product-consumer model" has been beset with various kinds of probrem since its enforcement owing to the lack of the due consideration necessary for satisfying all sorts of need in the public education system in well balanced condition. It seems to us that it is necessary to reevaluate the policy line and the measure for the educational administration which Thatcherism has abandoned in order to overcome the incompleteness of the Legislation.

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It is hypothesized that teacher transfer in Japanese Public School is somewhat effective for teacher professional growth and school improvement. The purpose of this research is to approve this hypothesis and to explore the current issues concerning teacher transfer from one school to another. The questionnaire survey is designed for teachers and prefectural boards of education. The findings of these surveys are as follows; (1) Almost every prefectural board of education agrees that teacher transfer has a positive effect on both school and teacher. On the other hand, a half of teachers regard the transfer positive and the other half feel difficult to make a judgment. (2) For prefectural boards of education, the main purpose of the transfer is to implement and manage the educational curriculum in each school. However, teachers concern not only the curriculum but also their personal life when they are transferred. (3) Teachers think the year of service in the same school relatively longer than prefectural boards of education do. (4) Prefectural boards of education want to promote teacher transfer in different types of public schools, however, teachers do not. (5) Teachers think that the lack of teaching staff balance of sex and age in a school makes the school management difficult. (6) The fifty percent of the teachers are satisfied with their own experience of school transfer. But the other twenty percent are not.

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In Japan, so far, various studies have been conducted on the shidosyuji (supervisor or teacher consultant) system in relation to its condition, legal system, qualification, in-service education, position and so on. And the studies have insisted that a shidosyuji should be a consultant or a aid to teachers. But they have not been able to indicate effective ways to realize that. The reason is that they have failed to notice that. The nature of a shidosyuji is based on types of curriculums. It was CIE that tried to change former inspectors (shigaku) into true assistants for teachers, or teachers' consultants. CIE thus instructed the Ministry of Education to change "inspector" into "teacher consultant", and added a provison which said "but they shall issue no orders and make no inspections", in the article of the Board of Education Law. The purpose of this study is to make clear that a relation between the nature of a shidosyuji and a type of a curriculum, by examing trainings for their duties during occupation period to find what CIE had expected of them. After founding the teacher consultant system, CIE needed to prepare teacher consultants, or to educate them. The trainings for teacher consultants under the occupation period were conducted by the IFEL (the Institute for Educational Leadership) and through guidebooks for them published by the Ministry of Education. IFEL consisted of intensive lectures and workshops over a period of 12 weeks, held in 8 sessions, and students of courses for teacher consultants were 1,877 in total. Especially the first and second sessions were prepared, operated, and strongly controled by CIE. Thus in this paper, I studied the contents of these two sessions. As for guidebooks, there were two. One was the "Handbook for Teacher Consultants", and the other was "The Work of the Teacher Consultant". Both of them were made under the strong initiative and supervision of CIE. At IFEL and through the guidebooks, they especially learned the experience curriculum more than the work of a teacher consultants itself. Because CIE wanted them not only to prevail it but also to become a helper for curriculum developments. With the experience curriculum, which is composed according to needs of a community and the actual experiences of the children, the administration of curriculum should be decentralized. Such a curriculum can be made by teachers. There a shidosyuji is needed as a teacher consultant to help them in developing curriculums. On the contrary, under a subject curriculum, wherein scopes and sequences are organized according to the principles of learnings and which is built on the premise that common materials for all students to study exists, a shidosyuji should be a director or a competent leader and can not be a consultant on the teachers' side. Originally, teacher consultant was prescribed as a consultant on the teachers' side. But as mentioned above, it was linked to the "new education", or experience education. Thus a shidosyuji as a teacher consultant was founded on the experience curriculum.

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The purpose of this paper is to study harmony and conflict of Universalism and Localism in public universities and colleges in Japan. For this purpose, the writer chose the problem of the entrance system by recommendation. What is the situation of students who are admitted to public university or college in 39 public schools ? The writer investigates the subject from the outline of the entrace system using the 1990's as material. And then, she investigates the case of Gunma Prefectural Women's College.

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The purpose of this paper is to clarify the structure and the character of school principals training in Germany, which has been developed since late 70's. In the 1970's a complication regarding the decision-making process in schools because of the reinforcement of the participation system in schools and the increase of "Gesamtschule" (comprehensive school). Therefore, principals were requested to increase their leadership and competence in school management. As for the school principals training in "Hessen" state, I pointed out that there are three general rules in training system in school administration: continuity, development and collaboration. Moreover, I pointed out that the following four points are the character of school principals training: training by heterogeneous groups, stress on putting into practice, acquirement of knowledge about laws and focus on school organization development. The contents are as follows: 1. Formation and development of school principals training - purpose of this paper and the significance of the problems - 2. Tasks in school administration - complication in the decision - making process 3. Structure and character of school principals training (1) The general rules of the training system (2) The character of contents and style of training 4. Significance and tasks of school principals training - conclusion -

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