著者

土井 真一

出版者

THE JAPAN ASSOCIATION OF LEGAL PHILOSOPHY

雑誌

法哲学年報 (ISSN:03872890)

巻号頁・発行日

vol.2005, pp.30-41,199, 2006

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In this article, the difference between the <i>Recthsstaat</i> principle and rule of law is clarified through analyses of the administrative and judicial law-making processes. Based on such analyses, pros and cons of the <i>Rechtsstaat</i> and rule of law are compared, and the conclusion is drawn that a way to unite the two law-making processes to work together in a balanced manner should be sought, and that reinforcement of the judicial law-making process is indispensable for rooting the rule of law in the Japanese society.