2005 Fiscal Year Final Research Report Summary
Rule of Law and Administrative Theory -from a viewpoint of the due process of law
| Project/Area Number |
16530023
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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 | Waseda University |
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Principal Investigator |
OHAMA Keikichi Waseda University, Faculty of Political Science and Economics, Professor, 政治経済学術院, 教授 (50203906)
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| Project Period (FY) |
2004 – 2005
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| Keywords | due process / rule of law / adoministrative law theory / dignified due process / 尊厳的デュー・プロセス / 意思自治原則 |
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| Research Abstract |
The purpose of this study is tried to make a new Administrative Theory. Japanese traditional Administrative Theory has based upon the theory proper to constitutional monarchy of Meiji Constitution. I think we should change the old theory into more democratic one reflected the present Constitution that based on Rule of law -that is, the people sovereignty and fundamental human, rights. Particularly I should attention the due process of law that is derived from the conception of Rule of law.
I insist and demonstrate that we should deny the traditional Administrative Theory that consists of "Rechtsstaat" or "Statutory Dominance" and "The Principle of Administration by Law." This principle is materialized "rule of law" that is the principle of the Constitution of Japan. This principle includes non-delegation doctrine, substantive due process of law, procedural due process of law and judicial remedies. Especially procedural due process of law includes the procedural value which consist of the following factor - accuracy, efficiency, satisfaction.
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Research Products
(2 results)
