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THE ADVERSARIALIZATION OF THE RELATIONSHIP BETWEEN LOCAL RESIDENTS AND LOCAL GOVERNMENTS AND THE PROSPECT OF THE LEGALIZATION OF THE JAPANESE SOCIETY

Research Project

Project/Area Number 11620010
Research Category

Grant-in-Aid for Scientific Research (C)

Allocation TypeSingle-year Grants
Section一般
Research Field Fundamental law
Research InstitutionOSAKA CITY UNIVERSITY

Principal Investigator

ABE Masaki  OSAKA CITY UNIVERSITY, FACULTY OF LAW, PROFESSOR, 法学研究科, 教授 (10244625)

Project Period (FY) 1999 – 2001
Project Status Completed (Fiscal Year 2001)
Budget Amount *help
¥2,700,000 (Direct Cost: ¥2,700,000)
Fiscal Year 2001: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 2000: ¥900,000 (Direct Cost: ¥900,000)
Fiscal Year 1999: ¥1,100,000 (Direct Cost: ¥1,100,000)
KeywordsLEGALIZATION / LOCAL AUTONOMY / CITIZEN OMBUDSMEN / FREEDOM OF INFORMATION / TAXPAYERS' SUITS / 市民運動 / 地方自治体
Research Abstract

Based on the assumption that the relationship between local residents and local governments has gradually become less cooperative and more contentious, I examined the activities of citizen ombudsmen, especially those related to courts and other adversarial legal institutions. As for the research methods, I used both in-depth intervie w with citizen ombudsmen and officials of local governments and statistical analyses of quantitative data. The findings of this research are as follows. (1) The nation wide vitalization of the activities of citizen ombudsmen occurred in the mid 1990s. Most groups of citizen ombudsmen were organized in this period. (2) This nationwide vitalization was mainly due to the efforts of those who had been engaged in the activities of citizen ombudsmen since the 1980s. In order to examine whether all local governments had complied with legal mandates and used their revenue appropriately, they wanted to establish groups of citizen ombudsmen all over the country and to network them. Their efforts were successful. (3) As a result of the nationwide vitalization of the activities of citizen ombudsmen, legal actions brought against local governments have dramatically increased since the mid 1990s. Those activities include lawsuits seeking the unveiling of governmental documents, claims for auditing the appropriateness of the expenditure of local governments, and taxpayers' suits. (4) The nationwide vitalization of the activities of citizen ombudsmen also resulted in the diffusion of legal knowledge and technique related to legal actions against local governments to many lay people throughout the country. (5) the nationwide vitalization of the activities of citizen ombudsmen and its results are recognized by officials of local governments to some degree. As a result, they now think that they are accountable to local residents and hence have to sincerely explain the legality and appropriateness of their activities to local residents.

Report

(4 results)
  • 2001 Annual Research Report   Final Research Report Summary
  • 2000 Annual Research Report
  • 1999 Annual Research Report
  • Research Products

    (7 results)

All Other

All Publications (7 results)

  • [Publications] 阿部昌樹: "行政訴訟におけるアカウンタビリティ"都市問題研究. 51-11. 70-85 (1999)

    • Description
      「研究成果報告書概要(和文)」より
    • Related Report
      2001 Final Research Report Summary
  • [Publications] 阿部昌樹: "分権時代の政策法務"都市問題. 91-7. 3-15 (2000)

    • Description
      「研究成果報告書概要(和文)」より
    • Related Report
      2001 Final Research Report Summary
  • [Publications] Masaki Abe: "Accountability in Administrative law Litigation"Toshi Mondai Kenkyu (Journal of Municipal Studies. Vol.51, No.11. 70-85 (1999)

    • Description
      「研究成果報告書概要(欧文)」より
    • Related Report
      2001 Final Research Report Summary
  • [Publications] Masaki Abe: "Legal Practice of Local Governments in the Age of Decentralization"Toshi Mondai (Municipal Problems). Vol.91, No.7. 3-15 (2000)

    • Description
      「研究成果報告書概要(欧文)」より
    • Related Report
      2001 Final Research Report Summary
  • [Publications] 阿部 昌樹: "モラリズムを超えて-ボランティア・NPOのひとづくり"年報自治体学. 14号. 29-38 (2001)

    • Related Report
      2001 Annual Research Report
  • [Publications] 阿部昌樹: "分権時代の自治体政策法務"都市問題. 91巻7号. 3-15 (2000)

    • Related Report
      2000 Annual Research Report
  • [Publications] 阿部 昌樹: "行政訴訟におけるアカウンタビリティ"都市問題研究. 51巻11号. 70-85 (1999)

    • Related Report
      1999 Annual Research Report

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Published: 1999-04-01   Modified: 2016-04-21  

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