法学部Faculty of Law

　　This course is designed to learn meaning and legal controls of acts performed by the executive agencies (hereinafter the executive agencies’ acts are simply referred to as 'acts'), specially focusing on (1) making Administrative Rules and (2) 'Gyousei Koui'.
　　As to (1), the executive agencies (e.g., Ministers) make norms. Norms set up by the executive agencies are Administrative Rules. Some Administrative Rules are made with Parliament’s delegation of legislative power. 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 some questionable points in statutes or administrative exercise of 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), 'Gyousei Koui' in Japanese shall decide rights, obligations, and other legal status finally without consent of the person(s) to whom it is addressed. About 'Gyousei Koui', there are several issues. It is considered, for instance, what effect 'Gyousei Koui' has on individual rights and obligations. When performing 'Gyousei Koui' may involve exercise of some discretionary power, it is also examined where discretion exists and how courts control exercise of discretionary power.
　　After completing this course, you should be able to:
・ Explain meaning and legal controls of Decrees;
・ Explain meaning and characteristics of the Guidelines;
・ Explain meaning and sorts of 'Gyousei Koui';
・ Explain legal controls of 'Gyousei Koui';
・ Explain when 'Gyousei Koui' comes into existence and becomes effective;
・ Explain typical features (or typical qualities) of 'Gyousei Koui';
・ Explain conditions, time limits, and other manifestations of intention added to 'Gyousei Koui';
・ Explain invalidity of 'Gyousei Koui' (this invalidity means 'Gyousei Koui' has no legal effect – without any executive agency’s measure – from a date it actually took place);
・ Explain acts making void ab initio (with relation back) 'Gyousei Koui' which has become effective;
・ Explain acts making void ex post facto 'Gyousei Koui' which has become effective;
・ Explain where discretion exists in doing 'Gyousei Koui';
・ Explain tests used by courts against misuse of executive discretionary powers.
　　You should spend at least 4 hours on independent learning in order to prepare for and/or follow up every class, reading the textbook and your own reference book(s).
　　Assessment for degree of your understanding is done by an end-of-term 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