Administrative Discretion of Local Governments and Legal Rights of Client: Research on Region Manuals in Public Assistance System

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  • OYAMA Norihiro
    立教大学大学院コミュニティ福祉学専攻（博士後期課程）

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  • 地方公共団体の行政裁量と利用者の法的権利――生活保護制度における地方マニュアルからの考察――
  • チホウ コウキョウ ダンタイ ノ ギョウセイ サイリョウ ト リヨウシャ ノ ホウテキ ケンリ : セイカツ ホゴ セイド ニ オケル チホウ マニュアル カラ ノ コウサツ

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Abstract

<p>This paper aims to show the differences in standard among local governments in terms of the implementation of national public assistance policies. Research material was obtained through requests for any official documents related to the compilation of operation manual of public assistance system from each prefecture and designated city. Next, analysis was done from three perspectives: 1) grasp the domestic overview; 2) any regional discrepancy in the establishment of discretionary criteria; and 3) effects on legal rights of client. An analysis of 22,768 pages of public documents showed that 62 out of 68 groups (91.2%) from various prefectures and designated cities have compiled an operation manual. Not only was regional discrepancy found in the establishment of discretionary criteria but there were also differences in the frequency of policy revisions. As for the establishment of rules outside of implementation guidelines for public assistance, research has identified issues with the handling of free or low-cost accommodation and how that affected the legal rights of those without housing assistance. Overall, the result of the survey found a gap in criteria for public assistance among prefectures and designated cities, which calls for further meso-level studies.</p>

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