Les contrôles juridictionnels et non juridictionnels
By: TAKIZAWA, Tadashi
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ArticlePublisher: Paris : IIAP, janv./mars 1995Revue Française D'Administration Publique 73, p. 103-112Abstract: Judicial control is exercised by ordinary courts since administrative tribunals have disappeared in 1946, but are submitted to a specific legislation. Judicial control is a control of legality, appropriateness only checked through the obligation to motivate decisions. Stay to execution is generally impossible. Non-judicial controls are the result of administrative remedies(appeal to the decision makers themselves, hierarchical control and revision) and different mediation procedures. From a western point of view, the control of administration is limited in practice because japanese people do not like to intervene in public matters
Judicial control is exercised by ordinary courts since administrative tribunals have disappeared in 1946, but are submitted to a specific legislation. Judicial control is a control of legality, appropriateness only checked through the obligation to motivate decisions. Stay to execution is generally impossible. Non-judicial controls are the result of administrative remedies(appeal to the decision makers themselves, hierarchical control and revision) and different mediation procedures. From a western point of view, the control of administration is limited in practice because japanese people do not like to intervene in public matters
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