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Legal Basis of Education

CarmineWolkow — Wed, 08 Jul 2020 11:36:08 +0000

As in all constitutional democracies, in Japan the Constitution is the supreme law. All laws directly or indirectly affecting education must be in accord with the basic educational provisions of the Constitution. Statutes enacted by the National Diet, cabinet orders and ministerial ordinances constitute the legal basis for education.

The Basic Act on Education provides basic aims and principles, and other educational laws and regulations are made in accordance with the aims and principles of this law. Besides the Basic Act on Education, other major educational laws including the School Education Law dealing with the organization and management of the school system, the Social Education Law regulating the activities of social education, and the Law Concerning Organization and Functions of Local Educational Administration providing essential particulars on the system of local boards of education.

Cabinet orders are made to enforce the laws, and the Ministry of Education, Science, Sports and Culture publishes ministerial ordinances and notices concerning standards for establishing schools, curriculum standards such as the Courses of Study, and so on.

Principles Guide Japan’s Educational System

Wed, 08 Jul 2020 11:28:20 +0000

The Japanese Constitution sets forth the basic national educational policy, as follows: “All people shall have the right to receive an equal education corresponding to their ability, as provided by law. The people shall be obligated to have all boys and girls under their protection receive ordinary education as provided for by law. Such compulsory education shall be free.”(Article 26)

The Basic Act on Education, which was promulgated and put into effect in March 1947, sets forth in more detail the aims and principles of education in accordance with the spirit of the Constitution. In it are established as specific national principles of 　education : equal opportunity, compulsory education, co-education, school education, social education, prohibition of partisan political education, prohibition of religious education for a specific religion in the national and local public schools and prohibition of improper control of education.

Nevertheless, the circumstances surrounding education have changed greatly in respects such as the progress of science and technology, advanced information technology, internationalization, the ageing society with falling birthrate, and family lifestyles. At the same time, the environment surrounding children has changed significantly, and a variety of issues have come to light.

In light of such circumstances, the existing Basic Act on Education was completely revised and the revised law established in December 15, 2006. The revisions to the law clearly set out principles for education considered to be extremely important today while at the same time inheriting the universal principles set out in the previous law. Such principles include placing value on public-spiritedness and other forms of the “normative consciousness” that the Japanese people possess, as well as respecting the traditions and culture that have fostered said consciousness.

In addition, the Basic Act on Education prescribed that the “Basic Plan for the Promotion of Education” be formulated to lay down the basic policies and measures to be taken to promote education. The first comprehensive plan by the Government about education was formulated on July 1st, 2008.

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CarmineWolkow — Wed, 08 Jul 2020 11:25:43 +0000

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Wed, 08 Jul 2020 11:21:36 +0000

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