2017 Fiscal Year Final Research Report
A study of cooperative legislation between the legislature and the executive in fields highly specialized
| Project/Area Number |
26380034
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Osaka University |
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Principal Investigator |
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| Project Period (FY) |
2014-04-01 – 2018-03-31
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| Keywords | 行政立法 / 法規命令 / 独立命令 / 白紙委任の禁止 |
|---|
| Outline of Final Research Achievements |
According to the Constitution of Japan, the Diet shall be the sole law-making organ of the state (Article 41), but the Cabinet shall also enact legislation in the form of cabinet orders (Article 73-6). It is commonly accepted that each administrative order requires a specific grant of statutory authority. However that may be, the grounds for an argument are not enough clarified. I have referred to the German court decisions and articles in order to explore the legitimate position of delegated legislation.
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| Free Research Field |
憲法学
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