School of Correspondence Education (Schooling)

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LAW300TB（法学 / law 300）
Administrative Law

Hironobu UJIE

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Faculty/Graduate school School of Correspondence Education (Schooling)
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Year 2023
Class code 23004
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Grade
Credit(s) 2
Notes
Class taught by instructors with practical experience
Category 秋期
Period 秋期
Capacity
Presence or Absence of Preliminary Registration
Eligible Courses / Grade 『法政通信』受講手続き等関連頁を参照

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Outline (in English)

　In order to establish your best possible foundation for studying administrative law, this course is designed to learn the fundamentals of administrative law; specifically, (1) to study sources of law, the rule of 'the executive function bounded by legislation', and classes of acts performed by executive agencies (hereinafter these acts are simply referred to as 'acts'), (2) to know what effect acts have on individual rights and obligations, and (3) to understand acts which may be done for a purpose of ensuring that an individual administrative obligation should be satisfied. As concern this (3), there are some mechanisms, but you are expected to chiefly learn (a) a measure, a procedure, and requirements, all of which are laid down in the Act on Substitute Execution by Administration 1948 (c. 48) and (b) measures and process, both of which are provided in the National Tax Collection Act 1959 (c. 147). These all studies would concern about your understanding of administrative relief.
　As concern the above (1), the rule of 'the executive function bounded by legislation' is comparable though not identical idea of 'the rule of law'. Concerning the above (2), there are final and unilateral acts: acts which shall decide rights, obligations, and other legal status finally without consent of the person(s) to whom it is addressed. On the other hand, there are also bilateral acts: acts which shall decide rights, obligations, and other legal status finally but only with consent of the person who it makes (these bilateral acts are similar to conclusion of government contract in the parties which is relevant and in the fact that these acts are subject to special legal controls). About (3) mentioned above, an 'individual administrative obligation' is imposed by administrative law or acts. That measure, laid down in the Act 1948, may be employed by executive agencies in order to fulfil the above-mentioned obligation on behalf of the individual. That process, created by the Act 1959, may be began by executive agencies so as to collect national tax arrears.
　After completing this course, you should be able to:
　- Explain sources of administrative law in Japan;
　- Explain the rule of 'the executive function bounded by legislation';
　- Explain how acts are classified into several sorts (classification based on their nature);
　- Explain meaning, sorts, and legal controls of above final and unilateral acts;
　- Explain mechanisms which are provided in order to ensure that an individual administrative obligation should be fulfilled, but among them, mainly spell out what are laid down in the Act on Substitute Execution by Administration 1948 (c. 48) and in the National Tax Collection Act 1959 (c. 147); and
　- Explain meaning and legal controls of above bilateral acts.

Default language used in class

日本語 / Japanese