Download or read book The Administrative Case Litigation Law of Japan written by and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law in Japan written by and published by . This book was released on 1973 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Outline of Civil Trial in Japan written by Japan. Saikō Saibansho and published by . This book was released on 1995 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Administrative Case Litigation Law written by Japan and published by . This book was released on 1989 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Japanese Legal System written by 田中英夫 and published by . This book was released on 1976 with total page 992 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Rule of Law in Japan written by Carl F. Goodman and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since publication of the first edition, practitioners who deal with Japanese law have put great store in this major work, which systematically compares U.S. law and Japanese law across all the major fields of legal practice. Japan's legal system has changed dramatically since the publication of the Second Revised Edition as a consequence of Legislation and Supreme Court decisions in such diverse areas as public law (including administrative, election, constitutional and criminal law) as well as private law (including custody, assisted reproduction technology, labor law, discrimination, corporate governance, civil litigation, etc.). This new edition follows the same comparative structure as formerly, but fully updates the coverage with the many changes currently in place or in process in Japanese law today while adding new chapters on Freedom of Expression and Conflict of Laws. Author Carl Goodman--an internationally known authority with extensive experience in international practice, university teaching in both Japan and the U.S., and U.S. government service--takes expert stock of these new developments, including the following: the ongoing liberalization of corporation law; the changes in criminal law brought about as a consequence of the system of lay/professional judges; the codification and clarification of rules dealing with transnational jurisdiction; protection of corporate whistleblowers; an evaluation of the revamping of the education system for lawyers; the new law governing choice of law questions in international cases; the protections extended to the growing temporary work force; freedom of religion--shrines on public lands--and freedom of conscience--teachers and the National Anthem; modified criminal law procedural protections and new rules for judicial evaluation of circumstantial evidence cases; communitarianism and Japanese law; continuing growth in judicial review including constitutional and administrative cases; and family law--surrogacy, adoption, ART, international custody and the Hague Convention, Gender Identity disorder, brain death, organ transplantation etc. Although the alteration of the legal landscape in Japan is highly visible, the author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that 'what you see may not be what you get.' For this reason, and for its comprehensive coverage, this third edition is sure to gain new adherents as the best-informed practical guide for lawyers with dealings in Japan.
Download or read book Japanese Legal System written by Dean and published by Cavendish Publishing. This book was released on 2002-02-14 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: Meryll Dean's superb new edition of Japanese Legal System provides a wide-ranging and unique insight into the legal system of a country which is at the forefront of global development, yet rarely examined by legal scholars. It is a major contribution to the study of comparative law and through its multidisciplinary approach breaks new ground in providing a comprehensive text on the subject. It draws on the author's first hand knowledge of Japan, but is written for non-Japanese speakers.; Through its approachable yet scholarly style, the reader is introduced to the essentials of the legal system, and guided through historical and cultural context; from which they will be able to develop an informed critique.; The book covers the history, structure and tradition of the Japanese legal system, as well as providing an insight into areas of substantive law. It contains extracts from diverse contemporary sources which, together with the author's commentary, guide the reader through the complexities of a different culture.The use of multidisciplinary sources, which are contextualised by the author, make what would otherwise be inaccessible material available for comparative analysis.; This book may be used as a textbook for undergraduate and postgraduate courses. It will be useful for those engaged in the study of history, politics, international relations and law, as well as being of value to academics, practitioners and those in business
Download or read book The Japanese Legal System written by Curtis J. Milhaupt and published by Foundation Press. This book was released on 2006 with total page 822 pages. Available in PDF, EPUB and Kindle. Book excerpt: This casebook on Japanese Law has been specially designed for ease of use and theoretical versatility. Heavily-edited cases, statutes, and articles canvass a wide range of intriguing problems and theoretical perspectives. Professors will find that it facilitates a variety of analysis and approaches to a given question--whether sociological, anthropological, or based on law and economics. The book allows for in-depth coverage of a diverse range of substantive areas of law, from torts, criminal law, and contracts to employment and corporate law.
Download or read book Civil Procedure in Japan written by Takaaki Hattori and published by . This book was released on 1985 with total page 874 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Administrative Law and Governance in Asia written by Tom Ginsburg and published by Routledge. This book was released on 2008-10-30 with total page 395 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines administrative law in Asia, exploring the profound changes in the legal regimes of many Asian states that have taken place in recent years. Political democratization in some countries, economic change more broadly and the forces of globalization have put pressure on the developmental state model, wherein bureaucrats governed in a kind of managed capitalism and public-private partnerships were central. In their stead, a more market-oriented regulatory state model seems to be emerging in many jurisdictions, with emphases on transparency, publicity, and constrained discretion. This book analyses the causes and consequences of this shift from a socio-legal perspective, showing clearly how decisions about the scope of administrative law and judicial review have an important effect on the shape and style of government regulation. Taking a comparative approach, individual chapters trace the key developments in the legal regimes of major states across Asia, including China, Japan, Korea, Malaysia, Taiwan, Hong Kong, Indonesia, Singapore, the Philippines, Thailand and Vietnam. They demonstrate that, in many cases, Asian states have shifted away from traditional systems in which judges were limited in terms of their influence over social and economic policy, towards regulatory models of the state involving a greater role for judges and law-like processes. The book also considers whether judiciaries are capable of performing the tasks they are being given, and assesses the profound consequences the judicialization of governance is starting to have on state policy-making in Asia.
Download or read book Law in Japan written by Harvard Law School and published by Cambridge, Mass., Harvard University Press. This book was released on 1963 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Commentaries on the Constitution of the Empire of Japan written by Hirobumi It and published by Theclassics.Us. This book was released on 2013-09 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt: This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1889 edition. Excerpt: ...function of the courts of justice to try cases of law, a Court of Administrative Litigation is to be especially established? The proper function of judicial courts is to adjudicate in civil cases, and they have no power to annul measures ordered to be carried out by administrative authorities, who have been charged with their duties by the Constitution and the law. For, the independence of the administrative of the judicature is just as necessary as that of the judicature itself. Were administrative measures placed under the control of the judicature, and were courts of justice charged with the duty of deciding whether a particular administrative measure was or was not proper, administrative authorities would be in a state of subordination to judicial functionaries. The consequence would be that the administrative would be deprived of freedom of action in securing benefits to society and happiness to the people. Administrative authorities carry out measures by virtue of their official functions, and for these measures they lie under constitutional responsibility, and it follows that they ought to possess power to remove obstacles in the path of these meainflue: sures, and to decide upon suits springing from the carrying out of them. For, should the administrative be denied this power, its executive efficacy would be entirely paralized, and it would no longer be able to discharge the responsibilities put upon it by the Constitution. This is the first reason why it is necessary to establish a Court of Administrative Litigation in addition to judicial courts. As the object of an administrative measure is to maintain public interests, it will become necessary under certain circumstances to sacrifice individuals for the sake of the public...
Download or read book Law and Investment in Japan written by Yukio Yanagida and published by Harvard University Press. This book was released on 1994 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written and compiled by the founding partner of a leading Tokyo law firm and four American scholars of Asian law, this casebook focuses on the important field of Japanese business law. It promises to be of use both for teachers and for legal practitioners, as well as others who wish to learn more about this important field.
Download or read book The Impotent Japanese Sword of Justice written by Robert W. Dziubla and published by . This book was released on 1983 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book History Of Law In Japan Since 1868 written by Wilhelm Röhl and published by BRILL. This book was released on 2005 with total page 858 pages. Available in PDF, EPUB and Kindle. Book excerpt: A careful analysis of Japan's dealings with its legal system through a time of unprecedented change (1868- 1960). A must for scholars of Japanese studies, historians and jurists alike.
Download or read book Nuclear Power Plants and Volcano in Japan written by Yuichiro Tsuji and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Japanese administrative agencies are authorized to exercise discretion within the scope of power vested in them by the statutes passed in the parliament, or Diet. Under the Administrative Case Litigation Act (ACLA), which was revised in 2004, Japanese courts can review potential unlawful use of government authority under several principles such as fact-finding, purpose, timing, equal principles, constitutional rights infringement, and unconstitutional motives. The judiciary has reviewed administrative agencies' decision under ACLA in nuclear power plant cases. Under ACLA, Japanese courts can review if the administrative discretion of administrative agencies is arbitrary and capricious, but not their political validity and policy judgment capability. The judiciary may defer to administrative agency decisions in light of their expertise. In any review of administrative discretion, the court may take the position of the administrative agency to review the latter's disposition. In other cases, the court may respect the agency's disposition and review only the procedure. Citizens may take action against administrative agencies by challenging the validity of their decisions under the Administrative Complaint Review Act (ACRA). The ACRA provides an avenue that is simpler than the ACLA and yields a more rapid response, but it is not as fair as the ACLA because agencies themselves conduct an internal review of the validity of their decisions. In the famous Ikata nuclear power plant case of 1992, the Japanese Supreme Court deferred to the administrative agency decision for its expertise, but did not use the term 'discretion(sairyō)'. This may be because nuclear power plants come under the purview of national energy policy, thus affecting Japan as a whole. This paper argues that the judiciary may identify unconstitutional motives, but does not thoroughly review the public records and the reasoning behind administrative decisions. Japanese judiciary may avoid strict judicial review of the administrative agency's decision. It is unclear whether the Japanese judiciary will carefully examine the safety countermeasures against volcano eruption, defer to the agency by citing the agency's expertise. Japanese administrative law scholars must analyze the expertise of the administrative agency in deference to the Japanese judiciary.
Download or read book Comparative Law written by Kenneth L. Port and published by . This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much has changed in Japanese law since 1996 when the First Edition of Comparative Law: Law and the Legal Process in Japan was published, and much is still changing. During the economic slump of the 1990s, it became obvious to everyone in Japan that they needed to modernize and internationalize their society in order to recover the economic status they enjoyed in the 1980s and early 1990s. To do this, the Japanese government has turned to law as the principal tool of transformative social change. Authors Port and McAlinn critically analyze the law and the use of law to effect these changes. Relying on translated cases, statutes, and the Constitution, the Second Edition puts Japanese law in legal, historical, and cultural context. This text is a comprehensive analysis of Japanese law and legal process that traces the question of the role of law through various areas including constitutional law, contracts, criminal law, corporate law, human rights, administrative law, civil litigation, antitrust, and labor law.
