Goals of the Course(JPN)
Goals of the Course
|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 whether the transition countries have their own way of developing theory. It is the purpose of this lecture that through knowing the difficulty of codification, and its practice after codification, especially the difficulty of interpreting the new unfamiliar code, the participants of this lecture have acquired a high degree of expertise in law in order to respond to the legal construction in their own countries articulated to a globalized society, and play a central role in the society based on such deep expertise.|
Objectives of the Course(JPN)
Objectives of the Course
|The goal of this lecture is for participants to acquire the following knowledge on the legal assistance at the end of the lecture.|
The participants will acquire the aspects of knowledge on the legal 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.
Course Content / Plan
|Lecture / Theme / Lecture Course Description / Learning outside the class / Related page|
Legal Assistance in Administrative Law ①
Legal Assistance in Administrative Law ②
Meta-Theory of Administrative Law Assistance ①
Meta-Theory of Administrative Law Assistance ②
Administrative Law Reform in the Former Soviet Republics
Socialist Administrative Law①
Socialist Administrative Law②
Reform on Administrative Procedure Act①
Reform on Administrative Procedure Act②
Reform on Administrative Litigation Act①
Reform on Administrative Litigation Act②
Legal Interpretation of Administrative Law①
Legal Interpretation of Administrative Law②
Course Prerequisites and Related Courses
Course Evaluation Method and Criteria
|Participation and Class Contribution: 30% (30 points out of 100, Passing score 20 points), Written Reports: 70%(70 points out of 100, Passing score 40 points)|
|Brian Z. Tamanaha, The Primacy of Society and the Failures of Law and Development, 44|
CORNELL INT'l L.J. 209 (2011). file:///C:/Users/User/Downloads/44CornellIntlLJ209.pdf
|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.
Study Load(Self-directed Learning Outside Course Hours)
|*After the class, review the lecture contents and read the ones that interest you in the materials introduced during class.|
Notice for Students
Lecture format, etc.
List of hybrid classes employing both face-to-face and remote teaching methods will be posted in the "News" of the homepage of the Graduate School of Law.
*If there are any changes in the teaching methods after the period of course registration, it will be announced on NUCT.
Additional measures for remote class (on-demand class)
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