1995 Fiscal Year Final Research Report Summary
Public Interests and their Controls : Comparative Study of French and Japanese Laws in the Land Development Administrative Actions
| Project/Area Number |
06620013
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| Research Category |
Grant-in-Aid for General Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Research Field |
Public law
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| Research Institution | Kanazawa University |
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Principal Investigator |
WATARI Tadasu Kanazawa University, Faculty of Law, Professor, 法学部, 教授 (30125695)
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| Project Period (FY) |
1994 – 1995
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| Keywords | Land Development / Environmental Protection / Public Interests / Discretionary Powers / Judicial Control / "Bilan Cout-Avantages" / Participation of Citizens |
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| Research Abstract |
This research consist of two purposes : study of the tranformations of the "public interests" in the urban planning and land development laws and research of the judicial and non-judicial controls of the "public interests". From this research, of which one of the features is the comparative study between the French and Japanes laws, I have two new knowledges.
First, the French judicial control over the "piblic interests" of a development project, which is called in French" controle du bilan cout-avantages", is not other than a legal qualification of the facts as long as this control consist in drawing a concrete rule from a abstract legal rule regarding the legislator's intention or the spirit of the legal system in totality. It means that the interpretation of a legal abstract rule is one of judge's proper functions, as long as he must interpret a legal rule, even if it is about the interpretation of a legally indeterminated concept. This French theory must be useful when we reconsider the traditional doctrine of the judicial control over the administrative discretionary powers.
Second, since the '70 years in France, the development of the judicial control by means of "bilan cout-avantages" is accompanied by much of legislations which have given to the citizens, to the inhabitants or to the nonprofit associations, the means of participating in the administrative actions for the urban palanning and land development. This French style of relation between the judge made laws and the new legislations is very useful for Japan, as long as it shows that a judge made law development has moved forward and accelerated new legislations.
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