2002 Fiscal Year Final Research Report Summary
Arriving era of Networked World and New style of Public Law
| Project/Area Number |
13620019
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Tohoku University |
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Principal Investigator |
IKUTA Osato TOHOKU UNIVERSITY, GRADUATE SCHOOL OF LAW, 大学院・法学研究科, 教授 (80333772)
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| Co-Investigator(Kenkyū-buntansha) |
NAKANO Takeshi TOHOKU UNIVERSITY, GRADUATE SCHOOL OF LAW, 大学院・法学研究科, 助教授 (50292818)
INABA Kaoru TOHOKU UNIVERSITY, GRADUATE SCHOOL OF LAW, 大学院・法学研究科, 教授 (10125502)
TSUJIMURA Miyoko TOHOKU UNIVERSITY, GRADUATE SCHOOL OF LAW, 大学院・法学研究科, 教授 (30158381)
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| Project Period (FY) |
2001 – 2002
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| Keywords | PUBLIC LAW / LEGAL RELATION / INSTITUTION / ADMINISTRATIVE ACTION ACT / NETWORK MANAGEMENT / RESOURCE ADMINISTRATION / EUROPEAN LAW / ADMINISTRATIVE CONTROL |
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| Research Abstract |
This programme consists in researching theoretical streams which corp with the arriving era of "Networked World" from global, national and regional viewpoints. First, from global one, our comparative-legal study, focused on the notion of exercising political power, stretches all over the Continent. At once prospecting the unification of European law and retrospecting the starting point of modern public-legal discipline at the 19^<th> century, we revealed that subjective methodology in substantive law had less ability. Our challenge is the first one to reconstruct substantive structure supplying the premise of french administrative action which has acquired the status of european standard. Second, from national viewpoint, theoretical basis for controling administration by private citizen was established, through analyzing massive heap of cases and articles. Third, from regional viewpoint, we researched the power of public entities for self-organization. The problem is that legal imposition to dispose their own organisation by municipal norms brings the limitation of mayor's faculty, therefore we proposed to interpret that clause frexibly. At last, so as to combinate with these works each other, we submit the vision of "law as order-structure" and action for institution-guarantee and, additionally, some revising plan of Administrative Action Procedure Act.
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