Title: 〈論説〉Administrative Action and the Succession of Illegality
Abstract: In this paper, I will introduce the notion of administrative action, and review both it and the succession of illegality from the perspective of Japanese constitutional and administrative law. The administrative process is composed of several administrative actions (Gyousei-Koui). Under the Japanese Administrative Case Litigation Act (Gyousei Jiken Soshou Hou, or JACLA), each administrative decision is subject to a time limit for filing the action. The plaintiff must file a lawsuit to revoke an administrative disposition (Gyousei-Shobun) only under the JACLA (Torikeshi Soshou no Haitateki Kankatsu Ken). In the case of the expropriation of land (Tochi Shuyou), for example, the constitutional issue of property rights and compensation are being questioned in Japan. Business plans are discussed and approved by the government, and an expropriation procedure must be initiated by a committee. Each administrative disposition is used for one expropriation project. The legal doctrine of the succession of illegality means that if an administrative action depending on a preceding illegal administrative action exists, the subsequent administrative action is therefore also illegal. In the case of a plaintiff alleging that one of a series of administrative decisions is illegal, and a preceding administrative decision has eliminated the possibility of filing an action due to the statute of limitations, a problem arises if a subsequent administrative action allows the plaintiff to argue that the preceding administrative decision was illegal. The time limit substantially reduces the opportunity for a party alleging an illegal series of administrative actions to file a lawsuit. This issue regarding the succession of a preceding illegal administrative disposition is called Ihousei no Shoukei in Japanese. Japanese administrative law has been influenced in part by civil law and the common law tradition. By examining specific Japanese cases and theories, I will demonstrate that these problems are part of a common issue outside Japan.
Publication Year: 2016
Publication Date: 2016-07-14
Language: en
Type: article
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Cited By Count: 1
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