Dennis Mueller insists that if four conditions ― negative externality, decision-making cost, enormous burdens inflicted by laws on people, and uncertainty in the constitutional stage ― are met, constitutional rights will be made. However, this theory does not apply to social rights, even if it applies to civil liberties. So, this paper considers the mechanism by which social rights are made, referring to Muellers theory. In discussing social rights, it is necessary to examine three problems. First, what is the mechanism by which other constitutional rights are limited? Second, how will the immunity from the laws, which inflict considerable burdens on the weak, be given for them? Third, how will the majority of people be induced to enact the laws which deprive themselves of their property? The key to tackling these problems lies in the choice of people in the constitutional stage who can guess somehow the probability of being the weak in the future. Derivation of social rights could be explained by analyzing their choice.

　Japanese "The Comprehensive Support System for Children and Child-rearing" began in 2015. The new system uses the consumption tax revenue as a financial source. For many years, kindergartens and child daycare services have been distinguished. These will be integrated into one system. This is Japanese Early Childhood Education and Care (ECEC) policy. Local governments have been committed to the waiting children of child daycare, but it is still important social issue. Japan is an aging society and a declining birthrate society. This waiting issue is specific to urban areas.

　There are several proposals for solving this issue. One is to promote private provider entry. The other is to introduce market prices into service fees. Private company has already entered from 2000 as several forms. The adjustment of supply and demand of child daycare by market price is inadequate. Child daycare is not only for the support to parents, but for the development of the next generation. Now central government has promoted Work-Life-Balance policy. This aims to realize the sustainable society by whole nation labor participation. Once the waiting issue is solved, the next should be ECEC free of charge.

　The purpose of this research is to examine what kind of policy learning was done in the policymaking process of the privatization of public nursery schools, and how it affected policy choice. Since the 1990s, regulatory reform of public nursery schools was considered, and efforts to privatize the public nursery school were promoted. However, implementation of nursery care by diverse entities, which was initially anticipated in the privatization policy, was not realized. In Kunitachi City, Tokyo, although the privatization of public nursery schools was considered by the mayor who was aiming for administrative and fiscal reform, it was decided that only one school was to be privatized. Additionally, the management entity of the private nursery school was limited to social welfare corporations. It was the privatization policy and lessons of other local governments that influenced policy choice. In the process of learning, emphasis was placed on the quality of childcare rather than the fiscal effect of privatization. Two institutional factors influenced this learning: (1) policy venue and (2) policy legacies.

　This paper analyzes the supply for child policy. Child care services have characteristics of quasi-public goods. So various economic agents are necessary for supply of those services. This paper focuses on the ideas of Welfare Mix theory and Welfare Triangle theory of Pestoff. As these ideas show, supply of child care services is needed the unique strength of various economic agents. The issue of government or market is not necessary in welfare services. Especially, non-profit organization (NPO) and volunteer activities are needed to solve the contract failure which Henry Hansmann advocated. Furthermore, this paper examines the role of the community. Community is included informal sector in Welfare Mix theory. It plays an important role in terms of mental support in child-rearing environments. Especially, rural community is more suitable for child-rearing environments than urban community. This result is also clear in the consciousness survey. Even in urban areas, it is important to utilize of the characteristics of rural communities.

　This article explains the French childcare system, especially the mainstreaming of the childcare assistant (assistante maternelle agréée). This is the most accessible childcare service in France. In 1990, the French government implemented an economic support for the childcare assistant (aide à la famille pour l'emploi d'une assistante maternelle agréée) and then the number of childcare assistants has increased sharply. Since parents began to use the economic support, the childcare assistant became the most accessible childcare service. But its jobs involve a problem with the quality of childcare. The childcare assistant can be certified by 120 hours of training. This shortness of training will affect the quality of childcare. However, Parents choose the childcare assistant more than the nursery school. Accordingly, this article examines why they do so. From this perspective, we also explore implications for the Japanese childcare system.