Course Syllabus

Legal Transplantation

[Lecture Course Basic Information]

Lecturer: K Ichihashi
Other Lecturers:
Course Type: lecture
Semester: Spring
Year: M1&M2
Course Periods: Thursday - 3rd period
Credits: 2
Whether mandatory or not: Not mandatory
Classroom: -

 

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
Textbooks None
Course Materials/Supplementaries

-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.

Assessment Participation and Class Contribution: 30%
Written Report: 70%
Prerequisites None

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
1 Introduction
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
15 Wrap Up

 
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