‘명치헌법’과 ‘현행헌법’의 비교를 통한 일본헌법과 행정과의 관계분석

This article has a basic assumption that it is necessary to analyze the relationships between principle/structure of Constitution and administrative system in order to understand fundamental characteristics of administrative phenomena in a certain country. For this purpose, this study has tried to explain basic features of Japanese administration in its relational analysis by employing administrative system as a dependent variable and spirits and contents of Constitution as an independent variable. As a result, it seems to be that there existed a democratic spirit in post-war "Peace Constitution" by pursuing check and balance between legislature and judiciary, whereas hyper administrative state appeared in "Meiji Constitution" in replacing the emperor's authority by the executive. However, it appears that executive branch was superior to both legislature and judiciary in actual operation of Constitution because of the interpretive powers of The Agency of Cabinet Legislation under the prime minister. In conclusion, in terms of the relationships between Constitution and administration, Japan could be called "administrative state" in which the executive is superior to both legislature and judiciary although the supreme court is currently stipulated as the final bulwark of Constitution, while in reality both The Agency of Cabinet Legislation and attorney office under Judiciary Department(bureaucrats work in both of them) operate the Constitution.