| Project/Area Number |
17601006
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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 |
都市
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| Research Institution | Kobe University |
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Principal Investigator |
KADOMATSU Narufumi Kobe University, Graduate School of Law, Professor (90242049)
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| Project Period (FY) |
2005 – 2007
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| Project Status |
Completed (Fiscal Year 2007)
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| Budget Amount *help |
¥3,640,000 (Direct Cost: ¥3,400,000、Indirect Cost: ¥240,000)
Fiscal Year 2007: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
Fiscal Year 2006: ¥1,200,000 (Direct Cost: ¥1,200,000)
Fiscal Year 2005: ¥1,400,000 (Direct Cost: ¥1,400,000)
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| Keywords | Administrative Law / Urban Law / Community-level Space Management / Informational Structure / Space and Time in City Planning / Judicial Control of City Planning / Land Use Regulation / Statutory Law and Local Ordinances / 行政訴訟 / 条例 / 空間 / 時間軸 / 裁量統制 / 協議型まちづくり / 事前確定型規制 / Japanese City Planning Law / コースの定理 / 景観 / 都市計画 / 情報 / 住民参加 / 地域空間 |
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| Research Abstract |
This research examines several features of contemporary development of urban administrative law. Findings of the research can be classified under the following keywords, all of which are based on the perspective that the administration can be seen as an information processing system.
(a) Normative consciousness at an evolving stage: the article (1) examines so-called "subjectivity of aesthetic assessment" and the narratology of landscape protection.
(b) Role of property rights in urban space: the article (2) analyzes the ongoing process of rights allocation under the current land use laws. The article (4) examines the relationship between "goods allocation order" and "personhood order".
(c) Institutional design of urban space management: the articles (1) and (2) examine the legal framework of land use regulation from the perspective of the informational structure among the stakeholders. Pointing out the lack of predictability for neighborhood residents at the stage of "ex ante general regulation" , the author argues for the necessity of regulatory impact analysis in urban development. The author also tries to justify negotiated city development on the premise of the Coase Theorem. The article (3) examines the relationship between local ordinances and statutory laws, emphasizing local governments' cognitive and exploratory leadership. The articles (4) (5) (6) examines the judicial control of administrative decisions concerning urban space.
(d) Urban space and the public sphere: the author is currently working upon the topic of citizen participation. The article (7) has already touched upon this topic very briefly.
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