著者
上岡 敦
出版者
日本法政学会
雑誌
法政論叢 (ISSN:03865266)
巻号頁・発行日
vol.52, no.1, pp.1-18, 2016-02-25 (Released:2017-11-01)

The purpose of this paper is to classify the legislative processes of the enactment and the amendment of the Diet acts during the period from 1947 to 1949. According to the findings done by the political science study group of the Diet, the Japanese Diet has played a certain role in their functions. However, these research findings are based on a concentrated discussion of the premises for the institutions. They have never clarified the following two questions: How was the system formed? Why was the system chosen? They simply focus of this study is to clarify the following two questions: What is the purpose of the Diet system? What is the expected function of the Diet? Firstly, I have tried to overview the enactment process of the Diet act. At this stage, the various influential actors were performing. In particular, Japanese Government was trying to draft the Diet acts of the both Houses which were not desirable for the GHQ. Secondly, I have tried to overview the enactment process of the Diet act. It was characteristic that the Diet acts in those days were enacted by the negotiations with GHQ and the House of Representatives. This process was affected by the parliamentary reform of the Imperial Diet era. Thirdly, I have tried to overview the amendment process of the Diet act during eh occupation era. The major revision was a transformation of the organizational structure of committee. However, most of the amendments of the Diet acts during the occupation period were of the practical procedures. Therefore, the fundamental basis of the Diet system has never been changed.