2017 Fiscal Year Final Research Report
Discretionary Decision Making and its Judicial Review in Immigration Law: Evaluating Japan's Immigration Control System in terms of International Human Rights Norms
| Project/Area Number |
16H07006
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| Research Category |
Grant-in-Aid for Research Activity Start-up
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| Allocation Type | Single-year Grants |
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| Research Field |
Public law
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| Research Institution | Yamaguchi University |
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Principal Investigator |
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| Project Period (FY) |
2016-08-26 – 2018-03-31
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| Keywords | 外国人の人権 / 出入国管理 / 入管法 / フランス / 行政裁量統制 / 法的性質決定 / ジョセフ・カレンズ |
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| Outline of Final Research Achievements |
Global migration is a growing phenomenon, which affects nations with both legal and moral dilemmas. Japan is no exception; it faces pressures to enhance human mobility over borders and to strengthen homeland and national security, and thus is in need of legal reforms suggested in this study:
1) Although there has been a strong moral claim to grant amnesty to illegal immigrants, prominently by J. H. Carens, such amnesty is still incompatible with the current Japanese legal systems; 2) Even acknowledging the possibility of human rights violations under the current immigration law, the Japanese courts are reluctant to annul deportations; 3) The Conseil d'Etat in France on the other hand, drawing primarily on rights protected under ECHR and EU treaty rights, has established a doctrine that limits administrative discretion in favour of immigrants facing deportation. Japanese courts are advised, with the necessary adjustments, to be likewise proactive in scrutinising administrative decisions.
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| Free Research Field |
行政法
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