2013 Fiscal Year Final Research Report
The problems and judicial review over the administrative obligation of investigation and to provide information
| Project/Area Number |
21530040
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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 | Ritsumeikan University |
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Principal Investigator |
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| Project Period (FY) |
2009-04-01 – 2014-03-31
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| Keywords | 公法学 / 行政法 / 国家賠償法 / フランス法 / 行政調査 |
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| Research Abstract |
The Administration, in order to perform the administrative activities, is obliged to provide the information to the public or, to investigate the facts and legal issues. According to the analysis of Japanese cases, these obligations are imposed not only on the base of the provisions of the law, but also on the base of Jori(unwritten law). It is supposed that the breach of these obligations results in a government liability, and, especially after the amendment by the New Administrative Litigation Law of 2004, may be controlled by other administrative litigation.
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