Research on the principle of subsidiarity in the Japanese police law.

2014 Fiscal Year Final Research Report

• Project/Area Number: 24730013
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Public law
• Research Institution: Hokkaido University
• Principal Investigator: YONEDA Masahiro 北海道大学, 大学院法学研究科, 准教授 (00377376)
• Project Period (FY): 2012-04-01 – 2015-03-31
• Keywords: 公法学 / 警察法 / 行政組織 / 公私協働 / 警察公共の原則 / 警察組織 / 補完性の原理 / ドイツ警察法

Outline of Final Research Achievements

The research examines Entpolizeilichung and the principle of subsidiarity, and addresses the question of whether and how the principle of subsidiarity applies in the Japanese police law. In Japan, Entpolizeilichung was only politically directed to the separation of powers or democracy. Therefore police and an administrative agency fulfill de facto in together as equal partners their common task in spite of Entpolizeilichung . In Germany, however, the cases that overlap between the tasks of the police and administrative agency is clearly regulated by the rule in Article 1 a MEPolG (the principle of subsidiarity). The research shows that the principle of subsidiarity can apply also in the Japanese police law and should apply.

Free Research Field

社会科学