A Study of the principle of appropriate procedural fairness and remedies for the subject steering environmental spheres

2017 Fiscal Year Final Research Report

• Project/Area Number: 15K03132
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Public law
• Research Institution: Hiroshima Shudo University
• Principal Investigator: Kengo Yamada 広島修道大学, 法学部, 教授 (10314907)
• Project Period (FY): 2015-04-01 – 2018-03-31
• Keywords: 環境行政 / 手続的公正

Outline of Final Research Achievements

The participant in the decision process must receive administrative decision so that environmental administration decision functions in society. In Australia, the U.K. and the United States, it is argued about reception of the administrative decision by the participant in administrative decision making process. Various approaches are carried out in statute law and the practice to facilitate reception of the administrative decision. However, procedural fairness doctrine is not applied to a participation procedure, and, like Japan, the reception is not necessarily related with procedural fairness.
This study state the following that (1)procedural fairness exists for securing personal dignity,(2) procedural consideration for the dignity is necessary so that a procedure participant having various attributes receives environmental administration decision easily,,and (3) contents of the procedural fairness to facilitate decision reception.

Free Research Field

行政法