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자료유형
학술저널
저자정보
저널정보
한국비교공법학회 공법학연구 공법학연구 제3권 제2호
발행연도
2002.3
수록면
49 - 83 (35page)

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The purpose of this study is to understand parliamentary government and control of the Cabinet in Japanese Constituion and to propose its′modern question.
The constitution of Japan firmly established parliamentary government based on the sovereignty of the people and party politics. According to the constitution of Japan, Prime minister is demonstrating powerful leadership trough the Cabinet and the Diet as a leader of the ruling party, The Cabinet can dissolve the House of representative at its' will by the advice and approval of emperor's acts in matters of state. In this respect, the Cabinet can be said to has controlling power over the Diet. Thus, the parliamentary government in Japan belongs to parliamentary government where the Cabinet is predominant over the Diet and relatively separated from the Diet which has a strong resemblance to the Cabinet government in England which is fairly free from restrains of decision on dissolution of the House of representative.
Operation of parliamentary government is usually attended by evils such as election malpractice and factionalism and various remedy against these problem has been suggested. Especially, In modern countries, democratic operation of parliamentary government has been claimed to solve the evils attended by parliamentary government such as close relationship between the Cabinet, the government and bureaucrat and the factionalism. Anyway, In a modern parliamentary government featuring reinforcement of administrative power, all these discussion which is emphasizing democratic control on the Cabinet can be reviewed as a remarkable movement in this point.
In short, 20th century's state lays great emphasis on the reinforcement of administrative function and bureaucratic organization. In the parliamentary government where the Cabinet is dominant over others, It is very important to adjust balance and responsibility formed between the Cabinet and the government, that is to say, The harmony between the government's responsible leadership and the Cabinet's responsible criticism is indispensable factor. In terms of expansion of governmental responsibility for it's people, the significance of the national government theory can be found in hear and when taking tendency towards bureaucratic system and reinforcement of executive power into consideration, the problem of democratic control over bureaucrat surely will be the biggest political question needs to be solved Japanese parliamentary government is currently faced with.

목차

Ⅰ. 序說
Ⅱ. 議院內閣制에 관한 종래의 論議
Ⅲ. 議院內閣制에 관한 최근의 論議
Ⅳ. 內閣에 대한 民主的 統制의 課題
Ⅴ. 結語
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〈Abstract〉

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