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Administrative Litigation Act
The is a Japanese statute enacted in 1962 which governs lawsuits involving the government of Japan. It overlays the Code of Civil Procedure, and the Code governs such cases to the extent the Act is silent. Types of administrative litigation The Act provides for four types of : * , an in-court appeal of an unlawful use of government authority. Such a claim may seek to cancel a government act (by far the most common type of administrative litigation), declare an act legally invalid, declare an inaction illegal, impose a duty or provide an injunction against future acts. * , which requires the resolution of a public law issue in the context of a private dispute. Most such cases are treated as ordinary civil litigation, so few cases are heard under the ex parte system. Common examples of ex parte cases include confirmation of Japanese nationality, and Nationalization, expropriation claims. * , essentially a class action of affected individuals against the government. The most common ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
日本国憲法
The Constitution of Japan ( Shinjitai: , Kyūjitai: , Hepburn: ) is the constitution of Japan and the supreme law in the state. Written primarily by American civilian officials working under the Allied occupation of Japan, the constitution replaced the Meiji Constitution of 1890 when it came into effect on 3 May 1947. The constitution provides for a parliamentary system of government and guarantees certain fundamental rights. In contrast to the Meiji Constitution, which invested the Emperor of Japan with supreme political power, under the new charter the Emperor was reduced to "the symbol of the State and of the unity of the people" and exercises only a ceremonial role acting under the sovereignty of the people. The constitution, also known as the MacArthur Constitution, , or the , was drafted under the supervision of Douglas MacArthur, the Supreme Commander for the Allied Powers, during the Allied occupation of Japan after World War II. Japanese scholars reviewed ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Executive (government)
The Executive, also referred as the Executive branch or Executive power, is the term commonly used to describe that part of government which enforces the law, and has overall responsibility for the governance of a state. In political systems based on the separation of powers, such as the USA, government authority is distributed between several branches in order to prevent power being concentrated in the hands of a single person or group. To achieve this, each branch is subject to checks by the other two; in general, the role of the Legislature is to pass laws, which are then enforced by the Executive, and interpreted by the Judiciary. The Executive can be also be the source of certain types of law, such as a decree or executive order. In those that use fusion of powers, typically Parliamentary systems, the Executive forms the government and its members generally belong to the political party that controls the legislature or "Parliament". Since the Executive requires the suppor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Of Japan
The Government of Japan consists of legislative, executive and judiciary branches and is based on popular sovereignty. The Government runs under the framework established by the Constitution of Japan, adopted in 1947. It is a unitary state, containing forty-seven administrative divisions, with the Emperor as its Head of State. His role is ceremonial and he has no powers related to Government. Instead, it is the Cabinet, comprising the Ministers of State and the Prime Minister, that directs and controls the Government and the civil service. The Cabinet has the executive power and is formed by the Prime Minister, who is the Head of Government. The Prime Minister is nominated by the National Diet and appointed to office by the Emperor. The National Diet is the legislature, the organ of the Legislative branch. It is bicameral, consisting of two houses with the House of Councilors being the upper house, and the House of Representatives being the lower house. Its members are direc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Administrative Appeal Act
The is a statute passed in Japan in 1962. Along with the Administrative Litigation Act The is a Japanese statute enacted in 1962 which governs lawsuits involving the government of Japan. It overlays the Code of Civil Procedure, and the Code governs such cases to the extent the Act is silent. Types of administrative litigation The ..., it provides rules for the appeal and review of government decisions. Types of appeal There are three types of appeal provided under the Act: * , filed against the deciding entity * , filed against an entity which has oversight over the deciding entity * , an appeal of a review Ordinarily, when the deciding entity has no administrative oversight (e.g. a cabinet ministry, mayor or governor), an objection must be filed in the first instance. When the deciding entity has an overseeing entity, a demand for review must be filed in the first instance. There are a number of exceptions provided by statute, however. Moreover, where the appeal concerns a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
