- Department of Regional Cultural Policy and Management
- Graduate School of Cultural Policy and Management
Carl Schmitt, Freedom of contracts and Administrative regulation
|Degrees||L.L.M , Kyushu University Graduate School of Law (2002)
Withdrawal from the Doctoral Program with the Completion of Course Requirements, Kyushu University Graduate School of Law (2006)
|Selected Professional Experiences||Assistant professor, Kyushu University Faculty of Law (2006/4-2008/3)
Resarcher, Kyushu University Faculty of Law (2008/4-2018/3)
Associate Professor, Tokai University (2018/4-2022/3)
|Research Fields||Administrative Law, Contstitutional Law, Legal history|
|Academic Organizations||Japan Public Law Association, Japan Association of Legel Philosophy
Japan Association for Bioethics
I specialize in German administrative and constitutional law, and German Legal philosophy. Japan is facing advanced policy issues such as regional development and the application of DX under challenging conditions such as natural disasters, an aging population with a declining birthrate, the development of a quantitative easing policy with no apparent exit, and a worsening balance of payments, which are all considered to be "advanced country problems".
In this context, laws and regulations are not only barriers to economic activities, but also create the competitive order and various conditions for economic activities to take place, and facilitate cooperation between the public and private sectors in the social implementation of technology. These aspects of administrative legislation have been discussed in German public law studies under the concept of a 'Privatrechtsgesellschaft'. This intellectual work (Wirtschaftsverfassung) has been referred to as guidelines for legislation and institutionalisation. This trend is now gaining new meaning and importance due to the increasing trend towards public-private cooperation and the privatisation of elements that are functionally equivalent to the public sector, and the need to rethink the specific role of the state in terms of economic freedom such as freedom of business or freedom of contracts (Article 22 of the Constitution) and 'property rights' (Article 29) as compatible with the 'public welfare'.In Japan, the increasing role of the 'new public', such as PFI in particular, is inevitable. In addition, administrative law has traditionally focused on the legal control of hard laws and regulations, such as administrative permission or sanctions, but now, while studying the results of "law and economics", sociology and business administration, we are also focusing on the process of producing and generating order through organisation and information, and are also considering the nature of dynamic formation in the public-private cooperative order. With reference to these legal and constitutional theories, I hope to contribute to the resolution of policy issues in our country.