Discretionary policy making and legal validity in agricultural policy: Policy analysis from legal and discretionary viewpoints
2018
Kojima, D. (Kyoto University (Japan))
Using theory of public law from the legal and discretionary viewpoints, this study examines the mechanisms of discretionary policy making and legal validity of agricultural policy under the former/current agricultural basic law. The agricultural policy under the former agricultural basic law, especially in the areas of rice production control and agricultural structure improvement projects, enabled administrative authority to deviate from the concept of the basic law through (a) budgetary measures that did not have legal basis and/or (b) notifications that had legal effect. Until recently, this has been the basic form of discretionary policy making, that actually led to inconsistency between agricultural policies and the concept of the former basic law. Even after the implementation of the new agricultural basic law, there still exist issues such that (1) active farmer measures conflicted with the provision of the basic law, (2) rice production control (for an increase in feed rice) has been carried out against the concept of the basic law, (3) public investment for agricultural infrastructure and rural areas exceeded the range of the basic law. It is now essential to reconsider the control system for administrative discretion in policy making.
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