The Reception of the Rechtsstaat Concept in Japan: Its Contraction in Administrative Law and Expansion in Constitutional Law

法治國原則在日本的繼受

民主憲政主義被東亞國家廣泛接受前,東亞早已被公認為遵奉法治原則之區域。日本不但最早採用此原則,更將其傳遞至其他國家。而探詢法治原則的面向及其來源對日本法體系所造成深遠甚而未知的影響,更是饒富趣味。國立台灣大學法學院很榮幸邀請到東京大學長谷部恭男教授,為此議題進行剖析。長谷部教授在日本的本土脈絡下,細緻地分析法治國原則"是如何被理解。這樣的理解深刻地反映出法律繼受及其與本地文化接觸後,產生的新在地意涵。在全球化和現代化所引發越來越多的法律繼受下-不論自願與否-,長谷部教授之回顧與反思有其必要性並深具意義。

East Asia is widely recognized as a region observing rule of law even before democratic constitutionalism has taken hold. Japan preceded many others in adopting this idea and even passing it on to others. It is especially intriguing to explore which version of rule of law and whatever sources it comes from have had the impact on Japan's legal system and even beyond. The College of Law, National Taiwan University is particularly honored to invite Professor Yasuo Hasebe from Tokyo University Faculty of law to address this issue. Professor Hasebe discusses how the concept of Rechtsstaat" was understood in Japan by scholars in their local context, a way that is very reflective of legal receptions and their indigenization into local understandings. This reflection is particularly in need as globalization following modernization has generated many –self-willingly or reluctantly– legal receptions.