著者

佐藤 晋平

出版者

東京大学大学院教育学研究科

雑誌

東京大学大学院教育学研究科紀要 (ISSN:13421050)

巻号頁・発行日

vol.50, pp.285-294, 2011-03-10

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In Japan, School Board was regulated by School Board Law for 1948-1956. In this law, there was the clause about openness of school board congress and announcement of convocation of congress. The congress had to hold an open hearing to the public and announcement had to be done for several days before congress was convoked. But there was the clause too in which the chairman of school board could shorten the days of announcement. It could be done in situation of emergency. This exception of the law had applied when government dismissed teachers. This exception about emergency was controlled discretion but it was written only that the clause was adopted when it was in emergency. So this was interpreted as discretion about requirement. In this paper, two cases are studied. In the first case, The School Board Law was still existed. School Board terminated a teacher but juridical decision rejected this termination because it hadn't recognized the situation as emergency. In the second case, School Board Law had repealed and the new law didn't stipulate an order that congress had to hold an open hearing to the public. The chairman's decision of emergency and of skipping the announcement was certified by juridical judge and some teachers were dismissed by undesirable discharge for the reason of advanced age. And in this case, it was the reason of emergency that the budget of next year would decrease and teachers should have dismissed before new budget year started. So this situation of emergency was internalized in the system of routine yearly budget : normal situation.