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TSUJI YUICHIRO
Department Undergraduate School , School of Law Position Professor |
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| Language | English |
| Publication Date | 2020/11 |
| Type | Academic Journal |
| Peer Review | Peer reviewed |
| Title | Nuclear Power Plants and Volcano in Japan |
| Contribution Type | Sole-authored |
| Journal | 台灣國際法學刊 |
| Journal Type | Another Country |
| Publisher | TAIWAN JOURNAL OF INTERNATIONAL LAW |
| Volume, Issue, Page | 17(1),pp.165-178 |
| Total page number | 14 |
| Authorship | Lead author |
| Details | 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. |
| URL for researchmap | http://lawdata.com.tw/tw/detail.aspx?no=438395 |