Rule of Law and Administrative Theory -from a viewpoint of the due process of law

本研究的目的是试图构建一种新的行政管理理论。日本传统行政理论是以明治宪法的君主立宪理论为基础的。我认为我们应该改变旧的理论，使之更加民主，反映出现行宪法以法治为基础--即人民主权和基本人权。特别要注意的是从法治理念衍生出来的正当法律程序，我坚持并论证了我们应该否定传统的行政理论，即“正当性”或“法定支配性”和“依法行政原则”。这一原则被具体化为“法治”，即日本宪法的原则。这一原则包括不得授权原则、实体正当法律程序原则、程序性正当法律程序原则和司法救济原则。尤其是法律的程序性正当程序，其程序价值主要由准确性、效率、满足性等因素构成。

The purpose of this study is tried to make a new Administrative Theory. Japanese traditional Administrative Theory has based upon the theory proper to constitutional monarchy of Meiji Constitution. I think we should change the old theory into more democratic one reflected the present Constitution that based on Rule of law -that is, the people sovereignty and fundamental human, rights. Particularly I should attention the due process of law that is derived from the conception of Rule of law.I insist and demonstrate that we should deny the traditional Administrative Theory that consists of "Rechtsstaat" or "Statutory Dominance" and "The Principle of Administration by Law." This principle is materialized "rule of law" that is the principle of the Constitution of Japan. This principle includes non-delegation doctrine, substantive due process of law, procedural due process of law and judicial remedies. Especially procedural due process of law includes the procedural value which consist of the following factor - accuracy, efficiency, satisfaction.