A Critical Analysis of the Prevailing View Regarding Publicity by Government Agencies

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  • 行政機関による公表に関する法的規律の批判的再検討
  • ギョウセイ キカン ニ ヨル コウヒョウ ニ カンスル ホウテキ キリツ ノ ヒハンテキ サイケントウ

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Abstract

In recent years, government agencies have made extensive use of publicities as a policy tool. Nevertheless, very few studies have discussed the legal discipline of publicity as a whole. The purpose of this article is to clarify the legal control of publicity by government agencies through a critical review of the prevailing view. To do so, we first develop the current belief that does not have a theoretically sufficient foundation, using defamation as a key concept. Consequently, we clarified publications reserved for legislative acts on considerations based on the idea of defamation. And we presented a framework for the court to examine the legality of publicity. These results are essential in that they provide a solid basis for both the agencies performing the publicity and the courts that review it ex-post.

Journal

  • 一橋法学

    一橋法学 19 (2), 119-188, 2020-07-10

    一橋大学大学院法学研究科

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