Project/Area Number |
61301060
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Research Category |
Grant-in-Aid for Co-operative Research (A)
|
Allocation Type | Single-year Grants |
Research Field |
Public law
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Research Institution | Nagoya University |
Principal Investigator |
MUROI Tsutomu Faculty of Law, Nagoya University, Professor, 法学部, 教授 (70022415)
|
Co-Investigator(Kenkyū-buntansha) |
ICHIHASHI Katsuya Faculty of Law, Nagoya University, Associate Professor, 法学部, 助教授 (40159843)
FUKE Toshiro Faculty of Law, Nagoya University, Professor, 法学部, 教授 (40083315)
HAMAKAWA Kiyoshi Fuculty of Law, Hosei University, Professor, 法学部, 教授 (80025163)
OKAZAKI Katsuhiko Faculty of Law and Literature, Shimane University, Professor, 法文学部, 教授 (50109245)
HARANO Akira Faculty of Law, Okayama University, Professor, 法学部, 教授 (80032704)
|
Project Period (FY) |
1986 – 1987
|
Project Status |
Completed (Fiscal Year 1987)
|
Budget Amount *help |
¥7,000,000 (Direct Cost: ¥7,000,000)
Fiscal Year 1987: ¥3,000,000 (Direct Cost: ¥3,000,000)
Fiscal Year 1986: ¥4,000,000 (Direct Cost: ¥4,000,000)
|
Keywords | Raison D'etre of Public Administration / Reform of Public Administration / Public Facilities / Administrative Plan / Administrative Guidance / 地方自治 / 公共性 |
Research Abstract |
This research aims to make clear the legal logic in a series of reform of both central and local public administration and the norm structure of raison d'etre of public administration under Japanese Constitutional Law by using the achievements of the reseach already made of raison d'etre of administrative organization. In other words,in order to maintain the substantive rule of law under Japanese Constitutional Law not to make reform in surface in reform of public administration,we analyse the legal logic and the real situaion of administrative organization,action and remedy and the concrete contents of raison d'etre of public administration, then suggest the institutions and methods to realize it. This research is made separate into three parts as follows. First,in the part of "raison d'etre of public administration" we have made clear the fundamental perspective and theme about legal study of raison d etre of public administration,the legal problems about administrative organization,action and remedy, and those in US,French and West Germany as study of comparative law. Secondly, in the part of "reform of central public administration" ,we have analysed the manner and scope of public administration and seek the adequete and reasonable administrative organization,action and remedy in concrete for them in the various administrative areas like police, education, atomic power,puplic corporation and so on. Lastly,in the part of "reform of central public administration and local autonomy",we have examined the many legal issues about local autonomy (including both autonomy of local govermment against central government and self-government by local citizens against the bureacracy)which is in danger of being distorted by reform of local public administration.
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