アメリカ行政法試論(一)  [in Japanese] An Introduction to American Administrative Law (1)  [in Japanese]

This is an introductive view to American Administrative Law, which should be compared with the concept of Japanese Administrative Law. The reason of making such an effort stems from an intention of improving misunderstanding of Japanese readers who learn

This is an introductive view to American Administrative Law, which should be compared with the concept of Japanese Administrative Law. The reason of making such an effort stems from an intention of improving misunderstanding of Japanese readers who learn American Administrative Law as almost similar contents of Japanese Administrative Law.. The contents of Japanese Administrative Law cover from the introduction to administrative law to administrative litigation through the sources and effects of administrative law, administrative action, administrative legislation, administrative enforcement and punishment, and the law of state compensation. Among them the part of administrative action is considered main sources of administrative law in Japan. Thus, students who belong to a faculty of law in Japan are required to study the kinds of administrative actions such as an action for legal order (such as an order or a prohibition, a permission, an exemption), an action for forming certain effect of a legal decision (such as a privilege, an approval, a representation) and confirmation of legal effect (Feststellung), public proof of specified fact or public recognition of legal relationship (Beurkundung), notification and acceptance. As two German legal terms appeared here suggest us, German Administrative Law, which affords many influences to Japanese Administrative Law from its origin, and introduces these theoretical distinctions to Japanese counterpart.. American Administrative Law on the other hand mainly consists of administrative process or administrative procedure, while Japanese one has little space for them in its text. Main difference between the concepts of Administrative Law of Japan and the United States can be sought in the essential difference of whether the legal remedy is given after or before the administrative decision. In American Administrative Law, an administrative agency is to provide notice and hearing of a case to the citizen concerned and then a legal decision is to be done. In Japanese Administrative Law, a government division decides a case and a legally injured citizen by the decision may bring it to a court for seeking legal remedy,. It is fair, however, to introduce an effort for adopting an administrative procedure act in Japan and is to be rooted in Japanese dried soil for due process clause. This introductory view intends to state a whole structure of Administrative Law of the United States of America, including not only legal aspect of the subject itself but also historical and cultural value providing theoretical foundations to legal interpretation of administrative process. In the first chapter, a present author dealt with fundamental value of American cultural heritage, which deeply relates to the development of administrative function, being fostered by New England writers in Concord such as Thoreau, Emerson, Longfellow, Hawthorne, Holmes, Lowell, and Whittier who created cultural value in American soil. The American heritage created by them played an important role in the growing process of administrative law by providing profound influences to courts, legislatures and governments in making, applying and interpreting rules and regulations. In the second chapter, the author described a relation between the development of social and economy in American society and administrative process through numerous legal regulations settled by administrative commissions such as a bank commission in state or Interstate Commerce Commission in federal levels against rapid development of railway companies and management of banks. Grangers movement, progressivism, reformation activities, progressivism and labor movement in the late 19^<th> century in American society are considered as unoverlooked elements in the process of administrative process in the United States. The present writer intends, from such observation of administrative law of Japan and the United States, to state interpretation of American Administrative Law as follows: Chapter 1 Various Values and Development of Administrative Process. Section 1 Construction of the Nation and Puritanism Section 2 Evolution of Humanism Section 3 Development of Capitalism and Gilded Age Section 4 Great Crisis and Role of the Nation Section 5 Regulation of Private Right and Social Consensus Section 6 Establishment of Administrative Agency in State Level Section 7 Evolution in Federal Level Chapter 2 Development of Society and Economy and Administrative Process Section 1 Development of Railroad Section 2 Granger Movement Section 3 Occurrence and Extinction of Progressivism Section 4 Reform Movement and Its Result Section 5 Progressivism and Labor Movement