Theory of special legal effects of administrative act

- TAKESHI HITOMI
- Professor, Waseda Law School, Waseda University
Our livings are covered with a lot of administrative laws such as the Road Traffic Act, Building Standard Law, Fire Service Law, Food Sanitation Law, Road Law, Income Tax Law etc. Commonly existing through these various laws is the administrative act that the administrative agency applies such laws to concrete individual cases to determine the scope of citizens freedom and rights. In the above example there are granting a driving license and canceling it, the business permission of the restaurant, ordering to stop business etc.
My research theme is the question of ÅgKouteiryokuÅh and ÅgFukasouryokuÅh which are said to occur commonly for such various administrative acts. ÅgKouteiryokuÅh is the effect that the legal effect of administrative act is effective even if it is illegal until it is canceled through the extraordinary dispute proceedings of the administrative cases. ÅgFukasouryokuÅh means that the citizen will no longer claim the destruction of the legal effect of the administrative act. These special effects have been traditionally accepted because of the early realization of the legal effect of administrative acta and the request for securing the stability of the legal relationship which is formed and changed due to administrative act. We can not deny that these special effects are in tension with the principle of legal state and the protection of the people’s rights. I am researching to pursue a legal theory that can strictly restrict the range of these special effects.
In the subject of “Social Science of Energy Innovation”, I will give a lecture on the theme of “administrative law concerning power supply location”. In this lecture, first, I will outline what kinds of agencies are exercising the three state powers (legislation, administration, judicature) under the three-tiers governance mechanism of the state, prefecture and municipality. Next, various law sources are established as a result of legislative actions, namely statute enacted by the National Diet and administrative legislation (cabinet orders, ministerial ordinances, regulations) as state-level laws, bylaw and regulations at the local government level and the form of administrative regulations (instruction, notice, outline, outline etc). As an example I will introduce the Electricity Utilities Industry Law and its subordinate sources concerning power generation facilities. In addition to the notification under that Law, the establishment of power generation facilities requires the acquisition of land, the leveling of land, the change of land use, the construction of facilities, so we are subject to various laws concerning them. There are also various laws concerning the natural environment protection, pollution prevention, agricultural protection, fishery protection, etc., and we must also comply with these all rules. I will outline such laws, bylaws and ordinances. And I will explain the mechanisms of regulation stipulated by those laws, that is, preliminary regulation such as notification, permission and approval, regulation such as command and revocation of permission, sanction such as penalties and administrative procedures concerning regulation. Finally, I will concretely explain the details of regulations of these various laws, taking mega solar as an example.
TAKESHI HITOMI
Professor, Waseda Law School, Waseda University
Program member
Administrative law, local autonomy law
- KEYWORD
- Legal effect of Administrative act
Local government Law
History of Japanese and German administrative law
- Biography
- 1982: Awarded BS (Bachelor of low), School of low, Waseda University
1999: Professor, School of Low, Tokyo Metropolitan University
2005: Professor, School of Low, Hokkaido University
2010: Professor, School of Low, Rikkyo University
2014: Professor, School of Low, Waseda University
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