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🌏 | Mr. Biden announces high-ranking personnel of the Ministry of Justice Mr. Schroeder as Assistant Secretary


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Biden announces high-ranking Justice Department personnel Schroeder as Assistant Secretary

 
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The Assistant Secretary of the OLC is a key position that provides the government with an interpretation of the law and is influential.
 

[Washington, XNUMXth Reuters] -US President Joe Biden announces the appointment of three senior Justice Department posts on the XNUMXth ... → Continue reading

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Under Secretary of OLC

Administrative agency

Administrative agencyWhat is "Gyoseiikikan"?Administrative powerRefers to a national or local institution involved in the exercise of.Legislative body(Legislative office),Judiciary(裁判 所) Contrast with.

Western administrative legal concept

In administrative law, the concept of "administrative agency" has been used in American administrative law as a means for recognizing an administrative entity that carries out administrative activities, whereas in Germany, administration centered on the concept of "administrative agency". Government theory has been used[1][2].

Administrative agency concept in American administrative law

United States ConstitutionIt is customary to understand the position of government agencies under the above by multiple approaches.[3]..Professor Peter Strauss divides the position of the administrative body into three, firstly the separation of powers that puts the three powers in different places to prevent tyranny, secondly the separation of functions based on the procedural due process, and thirdly. There is a restraint and equilibrium approach within the government to prevent tyranny with multiple heads[3].

German administrative law concept

In German administrative law, the concept of "administrative agency" has been used to distinguish it from "institution" or to be defined by Mercumal, which is different from "institution".[2].. The relationship between "institution" and "administrative agency" differs depending on the scholar, and O. Meyer and W. Jellinek excluded the concept of "institution" different from "administrative agency", but F. Freiner said "administrative agency". And "institution" were discussed separately, and ER Hoover discussed "administrative agency" on the premise of "institution".[2].

Administrative system concept under Japanese law

In the concept of "administrative agency" in Japanese law, it is used as a unit of distribution of administrative affairs and an administrative agency in the course (administrative agency in the theory of administrative agency law) used as a unit of authority distribution.National Administrative Organization LawThere is an administrative agency on[4].

The legal theory of Japanese administrative law before World War II was imported from Germany, especially administrative law.Tatsuyoshi MinobeThe system of administrative law owed a lot[1]..However, it has been pointed out that the concept of "administrative agency" and the theory of administrative agency imported from Germany may be significantly different from those of German administrative law in Japanese administrative law.[1]..After World War II, Japan's National Government Organization Act adopted the American-style "administrative agency" concept, so there is controversy over the usefulness of the "administrative agency" concept and administrative agency theory up to that point.[1].

Administrative concept on lectures

The administration is a national or local governmentPublic corporationBut"Administrative bodyIt will be carried out with the name (name) and responsibility. Since this administrative body is a corporation, what actually acts as its limb isNatural personComposed byorganIs. This is a lecture (from the theory of administrative agency law),Administrative agency"[4]..The terms administrative agency, administrative agency, and administrative agency described below refer to organizations and buildings in general usage, but herelawRefers to a natural person or its collegial body who has been given certain administrative powers and responsibilities by.For example, "Ministry of Finance" is a natural person in the position of "Minister of Finance" as an administrative agency, and in the case of prefectures, a natural person in the position of governor is an "administrative agency".[4].

Government agencies are classified into the following 6 types according to their functions.[Source required].

  1. Administrative agency -An organization that has the authority to determine the legal decision of an administrative entity and display it externally[4].. Used in the scene of exercising public power. Especially national government agencies (ieGovernment officeIs the administrative agency)Administrative agencyThat.
    Single system: in the countryPrime Minister,Ministers, Commissioners,Prosecutor[Source required]Such as in local governmentsPrefectural governor,MayorMost administrative agencies such as.
    Parliamentary system: in the countryCabinet,National Public Safety Commission,Fair Trade Commission,National Personnel AuthoritySuch as in local governmentsBoard of education,Election Management Committee,Public Safety Commission etc.
  2. Advisory body -Organization that receives consultation from the administrative agency, deliberates, investigates, and submits opinions[4].
    VariousCouncil, (Civil Service System Study Group), etc.
    The opinion of the advisory body is not legally binding, but should be respected as much as possible.
  3. Participating institution-Administrative agency that makes decisions that legally bind the will of the administrative agency[4].
    (Radio ActBased on Article 94Minister of Internal Affairs and CommunicationsBind the decision of)
    Prosecutor Qualification Examination Committee(Public Prosecutors Office LawBased on Article 23Minister of JusticeBind the decision of)
    Labor insurance examination committeeetc.
  4. Auditing body -An organization that inspects the administrative and accounting processes of administrative agencies and inspects their suitability.
    Accounting Office,Audit Committeeetc.
  5. Enforcement agency -An organization that exercises the strength necessary to achieve the administrative purpose[4][5].
    SDF,Police officer,Maritime Sheriff,Firefightersetc.
  6. Auxiliary organization -Agency that assists the duties of administrative agencies and other administrative agencies[4].. Carry out daily affairs.
    Deputy Minister,Under Secretary,Secretary,ManagerFrom a lot of general staff.

Concept of administrative agency under national administrative organization law

The "administrative body" under the National Administrative Organization Law isPrefecture-province-Agency-CommitteeEtc. refers to the government office itself as a unit of office allocation[6]. For example,Ministry of Internal Affairs and CommunicationsIf so, it is one administrative agency in the Ministry of Internal Affairs and Communications,Ministry of JusticeIf so, it is one administrative agency in the Ministry of Justice. According to the National Administrative Organization Act, "CabinetAn administrative agency under the jurisdiction ofCabinet Office"Other than" is the "national administrative body" (Article 1 of the same law), and the law sets the standards for organizations. Not subject to the law despite being under the control of the CabinetCabinet Office,National Personnel AuthorityIs not a “national administrative body” as defined in the law, but is positioned as a public “administrative body”.[7].

In addition,Accounting OfficeIt is also an administrative body, but this is guaranteed its independence from the Cabinet, andCabinet Secretariat・ Not only all the subordinate organizations of the Cabinet, such as the Cabinet Office, Personnel Office, ministries and committees, but also the Judicial Office (Supreme CourtIncluding all裁判 所And its institutions) ・ Legislative Office (House of Representatives-House of CouncilorsAnd not only that organization but also both institutionsImpeachment court,Judge Prosecution Committee(Including institutions such as) also has the characteristics that are different from other administrative agencies in that they also exercise accounting inspection authority.

The independent administrative agency for lectures shall be the "head of the administrative institution"[6].. The head of the ministryMinisterAnd the head of the agency is the Secretary. For a committee that is a collegial government agency, the chairman is the "head of the administrative body." The ministry is an administrative body that is placed as "the body that administers administrative affairs under the control of the Cabinet", and the committees and agencies are the administrative bodies that are placed as external offices of the ministry. In addition, the head of the accounting inspection agency is the “accounting inspection director” and the head of the personnel administration is the “personnel administration president”.

Administrative procedure lawArticle 2 paragraph 5Defined byLaw concerning disclosure of information held by administrative agenciesArticle 2 paragraph 1The administrative agency defined in XNUMX. is also based on the concept of an administrative agency under the National Administrative Organization Law.

Government agencies of each country

footnote

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注 釈

Source

  1. ^ a b c d Hiroshi Kobayashi "Basic categories under the Administrative Organization Law / Administrative Action Law and the concept of "administrative agency"Waseda Law Society, No. 35, Waseda University Law Society, 1985, pp. 57-86, ISSN 05111951, NOT 120000792262.
  2. ^ a b c Hiroshi Kobayashi "Phase of the "administrative agency" conceptWaseda Law Society, No. 31, Waseda University Law Society, March 1980, pp. 3-129, ISSN 05111951, NOT 120000792220.
  3. ^ a b Takehisa Nakagawa "Constitutional Position of Administrative Activities: The Ambiguity of the Reservation Theory of Law and the Reservation of Law in American Administrative Law"Kobe Law Annual Report" No. 14, Faculty of Law, Kobe University, 1998, pp. 125-225, two:10.24546/81000039, ISSN 09123709, NOT 110000491973.
  4. ^ a b c d e f g h Sakurai and Hashimoto (2011) p. 42
  5. ^ Local government lawThen, the parliament is defined as the “voting authority” and the governor's department is defined as the “executive body” by contrast. Be careful as it is different from the language used in the course.
  6. ^ a b Sakurai and Hashimoto (2011) p. 43
  7. ^ See Article 1 of the National Administrative Organization Act. Also,National Civil Service LawArticle 4, item 4.

References

Related literature (reading guide)

  • Barber, JD 1977. Presidental character. Englewood Cliffs, NJ: Prentice-Hall.
  • Bass, BM 1981. Stogdill's handbook on leadership. New York: Free Press.
  • Blondel, J. 1980. World leaders. London and Los Angeles: Sage Publications.
  • Blondel, J. 1982. The organization of governments. London: and Los Angeles: Sage Publications.
  • Blondal, J. 1985. Government ministers in the contemporary world. London and Los Angeles: Sage Publications.
  • Blondal, J. 1987. Political leadership. London and Los Angeles: Sage Publications.
  • Burns, J. McG. 1978. Leadership. New York: Harper & Row.
  • Castles, FC ed. 1982. The impact of parties. London and Los Angeles: Sage Publications.
  • Cronin, TE 1975. The state of the precedence. Boston: Little, Brown & Co.
  • Finer, SE 1962. The man on horseback. London: Pall Mall Press.
  • Headey, B. 1974. British cabinet ministers, London: Allen & Unwin.
  • Heclo, H. 1977. A government of strangers. Washington, DC: Brookings Institution.
  • Hook, S. 1955. The hero in history. Boston: Beacon Press.
  • Kellerman, B. ed. 1984. Leadership. Englewood Cliffs, NJ: Prentice-Hall.
  • Neustadt, R. 1960. Presidental power. New York: John Wiley.
  • Rose, R. 1984. Do parties make a defference? London: Macmillan.
  • Verney, DV 1959. the analysis of political systems. London: Routledge & Kegan Paul.

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