通信教育部（スクーリング）School of Correspondence Education (Schooling)

　　In order to establish your best possible foundation for studying administrative law, this course is designed to learn the fundamentals of administrative law. Specifically, after confirming importance of classifying acts performed by the executive agencies (hereinafter the executive agencies' acts are simply referred to as 'acts'), it focuses on (1) administrative rule-making, (2) discretion of final and unilateral acts, (3) bilateral acts, and (4) Administrative Guidance. These all studies would concern your understanding of administrative relief.
　　As concerns the above (1), administrative rule-making means that the executive agencies (e.g., Ministers) make norms. These norms set up by the executive agencies are Administrative Rules. Some Administrative Rules are made with Parliament's delegation of legislative powers. They have legal effect on the individuals (such Administrative Rules are hereinafter referred to as 'Decrees'). The other Administrative Rules do not have the legal force. They contain administrative interpretation of the questionable points in statutes or administrative exercise of the discretion accorded by statutes. These non-statutory rules are made in order to ensure that the executive agencies should work or function in a uniform manner (such Administrative Rules are hereinafter referred to as 'Guidelines'). But Guidelines can have de facto effect on the individuals.
　　Concerning (2), those acts decide person's right, obligation and other legal status finally and unilaterally. These acts are done without its consent (in this meaning, the acts are unilateral). Performing these acts involves exercise of discretion. The thing to be studied is about where discretion exists. There is also a problem with how discretion controlled by courts.
　　About (3), those acts decide person's right and obligation finally, but are carried out only with its consent (in this sense, the acts are bilateral). These acts are similar to conclusion of government contract (in English legal system) in that there is the same parties concerned and in that these acts are subjected to special legal controls.
　　As to (4), Administrative Guidance is 'guidance, recommendations, advice, or other acts by which an Administrative Organ [see Art. 2 (v) of the Administrative procedure Act 1993 (c. 88)] may seek, within the scope of its duties or processes under its jurisdiction, certain action or inaction on the part of specified persons in order to realize administrative aims, where the acts are not Dispositions [see Art. 2 (ii) of the Act]' (Art. 2 (vi) of the Act). The legal controls against Administrative Guidance should be taken up.
　　After completing this course, you should be able to:
–– Explain the meaning and sorts of Administrative Rules;
–– Explain legal controls of Decrees;
–– Explain de facto effect of the Guidelines;
–– Explain where discretion exists in doing the final and unilateral acts;
–– Explain tests used by the courts against the misuse of discretion;
–– Explain the meaning, sorts, and legal controls of bilateral acts; and
–– Explain the meaning, sorts, and legal controls of Administrative Guidance.
　　Before this course begins, you should learn sources of administrative law, the rule of 'the executive function bounded by legislation' (comparable though not identical idea of 'the rule of law'), and classification of acts based on their nature (in Kosuke NISHIDA, Administrative law [Hosei University Faculty of Correspondence Education 2016], pp. 11–16, 50–59, and 104–113) by yourself. You should also try to roughly understand administrative law in reading one of reference books listed. After every class, you should follow up every lesson by organising notes (which are taken during the lesson). When arranging notes, you should read reference book(s) .
　　It would be normal to spend 15 hours preparing for this course and 3 hours following up each lesson.
　　Assessment for degree of your understanding is done by a written exam (100%). If you cannot attend school because of the spread of COVID-19, it is done by an essay in using 'Learning Management System [an internet-based system for learning]'.

日本語 / Japanese