Legal Logic and Framework of Administrative Reform by Restructuring Public Finance System

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This research project has been conducted to find out the legal(constitutional)logic to impose legitimately specific administrative reforms by means of restructuring public finance system. This is the very unique Japanese style of neo-liberalism administrative reform since 1980s.As the very statute that had to be examined mainly for this project has been repealed and finally suspended, two other recent but related reforms were taken up instead to carry out the substantial part of the research. One of them is the creation of the Japanese version of the British next step agency. They are called "independent administrative entities" and it is intended to separate some executive administrative units/agencies from the typically characterized planning and commanding sections that can exercise the authoritative powers of the state. The other is the local government reform to transfer huge amount of executive functions from the national government to local governments without providing necessary financial resources. Both reforms are, so this research concludes, motivated solely by the unavoidable public finance reform of the national government to shift the burden of 570 trillion yen to the citizen users of public goods and services and the local governments. In these reforms, democracy/accountability, efficiency and fairness, are eventually disregarded and derogated, which may in due course render them unconstitutional.