[Lecture Course Basic Information]
|Course Periods:||Thursday - 3rd period|
|Whether mandatory or not:||Not mandatory|
|Outline of Lecture 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 examine whether the transition coutries have their own way of developing theory.
|Course Objectives||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
-Fenton, Howard N. 2000. "Administrative Law Reform in the Former Soviet Union," The Journal of East European Law 7:47.
-Socialist Law in Socialist East Asia, edited by Fu Hualing, John Gillespie, Pip Nicholson, and William Partlett. Cambridge: Cambridge University Press, 2018.
|Assessment||Participation and Class Contribution: 30%
Written Report: 70%
|Instructions for Out-of-Class Study||*After the class, review the lecture contents and read the ones that interest you in the materials introduced during class.|
|Responding to Student Questions||*After the lecture.|
|Other Notes||-- DO NOT EDIT BELOW THIS LINE --
[Subject: Legal Transplantation]
|Lecture||Theme||Lecture Course Description||Learning outside the class||Related page|
|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|
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