1997 Fiscal Year Final Research Report Summary
Study on the enforcement of the Administrative Procedire Law and administrative procedure and modern administrative procedure
| Project/Area Number |
07302002
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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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 | THE UNIVERSITY OF TOKYO |
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Principal Investigator |
KOBAYAKAWA Mitsuo The University of Tokyo, Graduate School of Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (00009820)
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| Co-Investigator(Kenkyū-buntansha) |
TAKAGI Hikaru Gakushuin University, Faculty of Law, Professor, 法学部, 教授 (60114526)
TERAO Yoshiko The University of Tokyo, Graduate School of Law and Politics, Professor, 大学院・法学政治学研究科, 教授 (20114431)
KOJYO Makoto Sophia University, Faculty of Law, Professor, 法学部, 教授 (80013027)
TAGAYA Kazuteru Chiba University, Faculty of Law and Economics, Professor, 法経学部, 教授 (40114293)
HAYAKAWA Kiyoshi Hosei University, Faculty of Law, Professor, 法学部, 教授 (80025163)
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| Project Period (FY) |
1995 – 1997
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| Keywords | administrative procedure / environmental impact assessment / rulemaking / administrative plan |
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| Research Abstract |
In 1997th fiscal year, our research focused on plan-making procedure, which is calssified as modern administrative procedure. The Environmental Impact Assessment Law was enacted in the ordinary Diet session. Since this law has close relationship with plan-making procedure, we analyzed this law and reach the conclusion there are still remaking tasks in the field of plan-making procedure, because the concept of "environment" in this law is limited to natural environment and this law dose not deal with strategic environmental assessment.
We also studied about advisory panels on dam projects established by a circular of the director of the River Bureau of the Ministry of Construction, because we bilieved this is a valuable subject of research in the field of plan-making procedure.
We visited the Watarase Reservoir and interviewed wht officaols there. The questions we asked included the deliberative process of the advisory panel, the ramification of the amendment of the River Law in citizen particcipation, the existing advisory panels on dam projects, plan-making procedures concernig rivers.
We also make a comparative research, which includes the study on the newly enacted Negotiated Rulemaking Act. We compared regulatory negotiation with Japanese rulemaking procedures.
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