Special Wards of Tokyo - Differences From Municipalities

Differences From Municipalities

Although special wards are autonomous from the Tokyo metropolitan government, they also function as a single urban entity in respect to certain public services, including water supply, sewage disposal, and fire services. These services are handled by the Tokyo metropolitan government, whereas cities would normally provide these services themselves. To finance the joint public services it provides to the 23 wards, the metropolitan government levies some of the taxes that would normally be levied by city governments, and also makes transfer payments to wards that cannot finance their own local administration.

Unlike other municipalities (including the municipalities of western Tokyo), special wards were initially not considered to be local public entities for purposes of the Constitution of Japan. This means that they had no constitutional right to pass their own legislation, or to hold direct elections for mayors and councilors. While these authorities were granted by statute during the US-led occupation and again from 1975, they could be unilaterally revoked by the Diet of Japan; similar measures against other municipalities would require a constitutional amendment. The denial of elected mayors to the special wards was reaffirmed by the Supreme Court in the 1963 decision Japan v. Kobayashi et al. (also known as Tokyo Ward Autonomy Case).

In 1998. the national Diet passed a revision of the local autonomy law (effective in the year 2000) that implemented the conclusions of the Final Report on the Tokyo Ward System Reform increasing their fiscal autonomy and established the wards as basic local public entities.