Jild 2 Nomeri 2 (2022), МАҚОЛАЛАР
Jild 2 Nomeri 2 (2022)

OVERVIEW OF DRAFTING LEGISLATIVE BILLS IN JAPAN –FOCUSING ON AVOIDING INCONSISTENCY IN LAWS

МАҚОЛАЛАР
Nashr qilingan 2022-05-17
Shintaro NAITO
Director of the International Cooperation Department Research and Training Institute Ministry of Justice, Japan //E-mail: s.naitou.4k0@i.moj.go.jp
PDF (English)

Kalit so‘zlar

Legislative bills in Japan, inconsistency in laws, legislation in Japan, legislative measures, judicial review of unconstitutional legislation, interpretation of laws, hierarchy of laws, lex posterior derogat priori, general law, special law, lex specialis derogat generali, mutatis mutandis, delegation provision, interpretative provision, effective date, retroactive application, transitional measures.

Abstrakt

Today’s society has become incredibly complex and internationalized; science and technology are advancing remarkably; the people’s awareness and understanding of their rights is also changing. According to these changes, a large number of laws are being enacted in each country, with their contents becoming more and more complicated. Consequently, inconsistency in laws has become a realistic risk and has a negative impact on the rule of law. This paper provides an overview of drafting legislative bills in Japan, in particular the legislative measures to avoid inconsistency in laws.

PDF (English)

Библиографические ссылки

1. This paper is based on the presentation delivered on Jan. 27, 2022, at the Virtual Seminar organized by the Japan International Cooperation Organization (JICA) and the Director-General of the Ministry of Law and Human Rights of Indonesia.

2. The Constitution of Japan (1946)

3. Act for Establishment of the Cabinet Office

4. National Government Organization Act

5. Board of Audit Act

6. National Public Service Act

7. Local Autonomy Act

8. Act on General Rules for Application of Laws

9. Act for Establishment of the Cabinet Legislation Bureau

10. Cabinet Act

11. Diet Act

12. Legislative Bureau of the House Act

13. National Diet Library Act

14. These concepts “high-context culture” and “low-context culture” are referenced by the American anthropologist Edward T. Hall in his 1976 book Beyond Culture.

15. Penal Code

16. State Redress Act

17. Civil Code

18. Code of Criminal Procedure

19. Legislative Affairs Study Group, Newly Revised Workbook on Legislative Affairs (2nd Edition) (2018) GYOSEI Co., Ltd.

20. Reijiro Tsunoda and 10 other co-editors, Dictionary of Legal Terms (10th revised edition) 2016, Gakuyo Shobo Co., Ltd.

21. Shuzo Hayashi, Common Sense in Making Laws and Regulations, 2nd Edition (1975), Nippon Hyoronsha Co., Ltd.

22. Shuzo Hayashi, Common Sense in Interpretating Laws and Regulations, 2nd Edition (1975), Nippon Hyoronsha Co., Ltd.

23. Shuzo Hayashi, Common Sense of Legal Terms, 3rd Edition (1975), Nippon Hyoron sha Co., Ltd.

24. Tsuneyuki Yamamoto, Practical Legislative Skills (2006) Shojihomu Co., Ltd.

25. Tsuneyuki Yamamoto, Practical Legislative Practice (2007), Shojihomu Co., Ltd.

26. Nobuyoshi Ashibe, the Constitution <6th Edition> (2015) Iwanami Shoten Co., Ltd.

27. Kenjiro Egashira, Commercial Transactions Law <8th Edition> (2018) Kobundo Co., Ltd.

28. Akio Takeuchi and two other representative editors, New Encyclopedia of Jurisprudence, 3rd edition, (1989), Yuhikaku Co., Ltd.

29. Takashi Kubota, International Business Law <3th Edition> (2021) Chuokeizai Co., Ltd.