A Historical Study on Administrative Litigation System in Modern States

2017 Fiscal Year Final Research Report

• Project/Area Number: 26380049
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Public law
• Research Institution: Waseda University
• Principal Investigator: Okada Masanori 早稲田大学, 法学学術院(法務研究科・法務教育研究センター), 教授 (40203997)
• Project Period (FY): 2014-04-01 – 2018-03-31
• Keywords: 公権力の行使 / 行政処分 / 行政行為 / 行政訴訟 / 行政裁判制度 / 外国法の継受 / 司法制度改革 / ドイツ公法史

Outline of Final Research Achievements

First, as to the concept of "civil", I clarified that while it provided a philosophical basis for the formation of modern nation states, it also played a role of privatizing the legal relationship of the members of the state and of hindering the formation of a national state for neighboring countries. Second, I showed a methodology for analyzing legal transformations in the historical context of globalization of legal relations, using the viewpoint of translation studies. Thirdly, I showed the historical cause of the disability of the courts in the administrative relief system in Japan, pointing out their origin as a branch of administrative power and the distortion of postwar reform, and then I examined the legal issues concerning the reform of administrative litigation system in the future.

Free Research Field

公法学