| 学部・大学院区分 | | 法・博後 | | | 時間割コード | | 4302840 | | | 科目区分 | | リーディングプログラム修了認定対象科目
Courses Offered for the Program for Leading Graduate Schools | | | 科目名 【日本語】 | | 法移植論 | | | 科目名 【英語】 | | Legal Transplantation | | | 担当教員 【日本語】 | | 市橋 克哉 ○ | | | 担当教員 【英語】 | | ICHIHASHI Katsuya ○ | | | 単位数 | | 2 | | | 開講期・開講時間帯 | | 春 木曜日 ３時限
Spring Thu 3 | | | 対象学年 | | １年
1 | | | 授業形態 | | 講義
Lecture | |
| 授業の目的 【日本語】 | | | | | 授業の目的 【英語】 | | | In the 21st century, countries transitioning to market economies are increasingly codifying not only civil law, which is the basis of the market economy, but also public law, especially administrative law. These codifications include the Administrative Litigation Law, the Administrative Appeals Law, and the Administrative Procedure Law. The teacher of this lecture has been a JICA and Ministry of Justice expert for the last 20 years working on projects to support the codification of administrative law in Uzbekistan, Mongolia, Vietnam and China. First, we will discuss the significance and limitations of the codification of administrative law in countries in transition to the market economy, based on the expertise and experience of the experts involved in this project Second, after the codification, countries in transition to the market economy have the major problem of dysfunctional legal practice in that they are unable to use previously unfamiliar legal principles and concepts in actual operations or conflicts. The challenge here is even more challenging for the venue of the codification, which fundamentally renews the interpretation of law by courts and administrative agencies, which traditionally used only textual interpretation. This lecture will discuss the current state of legal interpretation after codification and the issues to be overcome. In addition, administrative law theory is also facing a difficult task of reviewing conventional socialist law and building a new system. In this lecture, we will examine the traditional socialist legal theory, and examine whether the transition coutries have their own way of developing theory. |
| | | 到達目標 【日本語】 | | | | | 到達目標 【英語】 | | | Students will be necessary to learn the key view points on the Admnistrative Law assistance as follow: ① Importance of the “process” ② Importance of “institution” ③ Importance of “comparisons” ④ Importance of “history” ⑤ Importance of the mechanism of institutional change |
| | | 授業の内容や構成 | | Lecture / Theme / Lecture Course Description / Learning outside the class / Related page
1
Introduction
2
Legal Assistance in Administrative Law ①
3
Legal Assistance in Administrative Law ②
4
Meta-Theory of Administrative Law Assistance ①
5
Meta-Theory of Administrative Law Assistance ②
6
Administrative Law Reform in the Former Soviet Republics
7
Socialist Administrative Law①
8
Socialist Administrative Law②
9
Reform on Administrative Procedure Act①
10
Reform on Administrative Procedure Act②
11
Reform on Administrative Litigation Act①
12
Reform on Administrative Litigation Act②
13
Legal Interpretation of Administrative Law①
14
Legal Interpretation of Administrative Law②
15
Wrap Up
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| | | 履修条件・関連する科目 | | | | | 成績評価の方法と基準 | | | Participation and Class Contribution: 30% Written Report: 70% |
| | | 教科書・テキスト | | | | | 参考書 | | -Fenton, Howard N. 2000. "Administrative Law Reform in the Former Soviet Union," The Journal of East European Law 7:47. -Russell-Einhorn, M., J. Lubbers, and V. Milor. 2002. "Strengthening Access to Information and Public Participation in Transition Countries- Latvia as a Case Study in Administrative Law Reform," Administrative Law Review 54(1):459. -Russell-Einhorn, M. and H. Fenton. 2008. Using Administrative Law Tools and Concepts to strengthen USAID Programming- A Guide for USAID Democracy and Governmental Officers. USAID. -Tamanaha, Brian Z. 2011. "The Primacy of Society and the Failures of Law and Development," Cornell International Law Journal 209:44. -Tamanaha, Brian Z. 2011. "The Rule of Law and Legal Pluralism Development," Legal Studies Research Paper Series, Paper No. 11-07-01.
-Socialist Law in Socialist East Asia, edited by Fu Hualing, John Gillespie, Pip Nicholson, and William Partlett. Cambridge: Cambridge University Press, 2018. |
| | | 課外学習等（授業時間外学習の指示） | | | *After the class, review the lecture contents and read the ones that interest you in the materials introduced during class. |
| | | 注意事項 | | | -- DO NOT EDIT BELOW THIS LINE -- [Subject: Legal Transplantation] |
| | | 授業開講形態等 | | | | | 遠隔授業（オンデマンド型）で行う場合の追加措置 | | | |
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