The purpose of this paper is as follows: First, it describes how the Prime Minister rejected the appointments of certain candidates to be members of the Science Council of Japan last year and how the Japan Educational Administration Society, headed by the author of this paper, reacted to the rejection. Secondly, this paper points out why the rejection of nominated candidates constitutes a violation of the constitution and concerned statutes and analyzes how this disapproval has important consequences for academic administration and educational administration in Japan. Finally, it offers the Japan Educational Administration Society some recommendations about its academic activities. The paper consists of the following:
I The purpose of this paper
II The circumstances of the case: The rejection of appointments to the Science Council of Japan by the Prime Minister
III The Japan Educational Administration Society's reaction regarding this case
IV Unconstitutionality and illegality of the case
(1) Violation of “Academic Freedom” of the Constitution
(2) Violation of the Science Council of Japan Act
(3) Violation of the Cabinet Act
(4) Violation of the Procedures of Administration Act
The Actual Conditions and Serious Problems of Academic Administration and Educational Administration in Japan
V Serious problems of academic administration and educational administration caused by this case
(1) Risk of interference in university autonomy
(2) Concealment of the essence of the problems by changing of the points at issue and the real intention
(3) Increase in political control of education
(4) People's low concern about the case and responsibility of scholars and educators
VI Conclusion: Recommendations for the Japan Educational Administration Society
On August 31, 2020, the Science Council of Japan recommended 105 candidates as new members, according to the Science Council of Japan Act, Article 7. However, the Prime Minister did not appoint six of these candidates as new members. In addition, he did not explain in detail the reason for not approving these candidates. The Japan Educational Administration Society, together with other academic societies, complained to the Prime Minister about the unjustness of rejecting these appointments. The Prime Minister's rejection of these appointments to the Science Council of Japan is clearly unconstitutional and illegal, and he should repeal the decision and immediately appoint them as members.
This case shows that political control has gradually increased in academic administration and educational administration in Japan. The arrogance of the present government and its party, which have retained political power for a long time, exists in the background of this case. The democratically elected government and the current ruling party have violated “Academic Freedom” secured by the constitution. This means that “Democracy” itself already has become a dead letter. Due to the COVID-19 global pandemic, the Japanese people's concern about this case is not high. However, it is part of the mission of scholars and educators to help people to comprehend the indispensability of “Academic Freedom” for a democratic state; hence the writing of this paper.
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