The reason behind the investments by the state and by local government in compulsory and higher education is, in the end, that the law and society requires young people to go out into society as competent constituents of the state and of society. Particularly in times of national emergency the two great strategies are the military and education. The statement that "Education is the grand plan for the future of the nation" is made in light of this situation.

Japan now faces burning questions in terms of the military and education once more. At the same time, the ability of the state to implement and carry out responses to national issues has been called into question. There is an urgent need for work to be done in education, on vocational education and practical training that is coordinated with changes in our industrial structure and the cultivation of intellectually creative industries. Whilst, in economic circles, the concept of human capital is well established within economic theory, *1 I would like to outline what consideration has been given to it at law and raise some issues.

Article 23 of the Constitution prescribes "Academic freedom is guaranteed". The freedom of academia prescribed in the Constitution means [1] the freedom of academic research and [2] the freedom to announce the results of academic research. For universities it also recognizes [3] the freedom of instruction at universities and [4] the autonomy of universities. Further, it is generally accepted that the freedom of instruction for teachers at elementary and secondary level educational institutions is, to a certain extent, included in [3]. *2 The Constitution states that when citizens carry out education and research, the same shall not be obstructed or impinged upon by state authority, in other words that it shall be free from state interference.

Further, Article 26 [1] states that "All people shall have the right to receive an equal education correspondent to their ability, as provided by law" and [2] states that "All people shall be obligated to have all boys and girls under their protection receive ordinary educations as provided by law. Such compulsory education shall be free". Article 26 contains aspects of both rights to freedom and social rights. In other words, the right of children to learn (which means the child's individually held right to learn and to develop and grow in their humanity according to their ability; children have a right to demand an education from the state, their teachers and their parents that fulfills this right to learn) is placed in the centre and, further, in order to realize this right of children to learn (the right to freedom aspect), assuming that parents and teachers have received educational freedom from the state, this is a right in the people to demand the establishment of a reasonable education system and facilities from the state (the social rights aspect). *3

When one interprets the laws and ordinances subordinate to the School Education Law one does so considering Article 26 foremost in relation to compulsory education (high school falls mainly here) and Article 23 foremost in relation to universities. When one does so the utmost care is required in order that the peoples' (including corporations and NPOs) academic freedom and freedom of education is not infringed. In concrete terms where there are matters not dealt with in laws and ordinances or provisions are unclear (ambiguous) an interpretation consistent with the Constitution which favors, so far as possible, the protection of academic and educational freedoms, must be applied. *4 Further, it is the intention of the Constitution that the state and local governments should be actively involved in the external aspects needed to secure this freedom, including putting ample conditions and facilities in place through reform of systems, deregulation and budgetary measures. Whilst Article 89 of the Constitution does prohibit the expenditure or accompanying use of public assets in relation to educational projects that are not publicly controlled, this does not negate the social rights aspects of the right to education. *5

Examining the provisions on vocational education step by step from elementary school;

Amongst universities we have the 4-year faculties, the 2 and 3 year course junior colleges and graduate schools. Graduate schools provide masters' degrees and doctorates and in 1999, specialist graduate schools were newly created, with specialist occupational graduate schools being set up from 2003. Graduate law schools belong to this category. An explanation from the perspective of vocational education and practical training follows.

There is an urgent need for the training of human resources with abilities in cutting edge technology, who will lead the advancement, increasing complexity and globalization of society and the economy in order to maintain Japan's abundant national strength after industrial restructuring changes and deregulation. Reform of universities has begun at last and the simultaneous opening of specialist occupational graduate schools is highly desirable (graduate law schools are to join in the start ups from April 2004). There is a debate as to whether education is consumption or investment. However, on the one hand the unemployed are on the rise and the employment of young people is worsening with old industries in decline, whereas on the other, when the tax revenues of the state and local governments shrink each year and financial resources have to depend on loans, attempting to revitalize Japan through education is our only strategy for success and no doubt the consensus of all the people. Even if resources are limited, intellectual ability is not. If the human resources needed for Japan's revitalization are produced in 'new educational plants' then we will have limitless highly productive and internationally competitive manpower. We need to establish training institutions and career learning facilities that respond to the various levels of knowledge, technical skill and specialization in the community. The 21st century is truly the era when intellectual creativity and knowledge will give birth to wealth.

How then should these 'new educational plants' be designed?

As we have just seen the current school education system is not fully responding to the demands of the age. It has long been said that education is the grand plan for the long-term future of the nation. The fact that the amazing development of Japan since the Meiji Restoration was due to the domain schools, village schools and terakoya temple schools from the Edo Period is a well-known reality. *8 The new government's schooling plan for the modernization of Japan after the Restoration was a continuation of these various Edo Period educational institutions and this was the foundation for development from that point onwards. There is a pressing need for Japan to plunge back into the period of reform of just after the Meiji Restoration and, in particular to develop educational institutions that rival the human resources development institutions in America specializing in high-level specialist vocations. In order to cultivate the technical and practical abilities possessing a high level of specialization required by private enterprise it will also be necessary for them to be led by private enterprise and for industry, academia and government to cooperate. Further, vocational and practical training should not be carried out for the first time at university level but must be begun from elementary school. The laws to achieve this are already in place. What is lacking is the ability in private enterprise to take positive action to seize their chance. Anyone can be an outsider critic in relation to education, however now is the time for action.