Considerations on Relationship Between Central and Local Governments During Huge Disasters – Necessity and Application of Special Rules on Evacuation Measures and Relief –

Abstract

The relationship between the Central and local governments during an emergency has been primarily discussed at the Diet, in connection with the Constitution’s amendment, including the emergency provisions. However, opinions from the various fields are divided and discussions are typically based on whether an emergency state should be tackled principally by the Central Government or municipalities. The increasing risk of a super wide-area disaster (huge disaster) that can be expressed as national emergency state, such as the Great Nankai Trough Earthquake and large-scale flood, makes it imperative for advancing the previously mentioned discussions. It should be examined whether a state of emergency state could be managed appropriately within the administrative framework of the municipalities based on the Disaster Countermeasures Basic Act. In addition, necessary measures should be adopted within the purview of the existing laws apart from the discussions on the amendment of the Constitution. In this case, detailed discussions are needed on, for example, what kind of special rules should be established regarding the relationship between the Central and local governments. In this paper, the Great Nankai Trough Earthquake, large-scale flood in metropolitan areas, nuclear disaster, and complex disaster along with natural disaster are considered; the plans created by the Central Government in terms of the disaster prevention measures for such disasters are examined; and the items requiring special rules on the relationship between the Central and local governments are extracted from the disaster emergency measures. Furthermore, the per item application procedure of these special rules is also determined.