Comparative Analysis: Japanese Law & Queensland Australia Admin Law

This report provides a comparative analysis of Japanese administrative law and the legal framework of Queensland, Australia, focusing on administrative regulations and policies. It examines the key features of Japan's civil law system, emphasizing the role of administrative guidance and the Administrative Procedure Act. The report contrasts this with Australia's common law system, highlighting the influence of English law and the separation of powers. A central case study involves the Tokyo metropolitan government's response to the COVID-19 pandemic, illustrating how Japanese administrative laws and regulations were employed to control the spread of the virus by implementing closures and restrictions on various businesses. The comparison emphasizes the effectiveness of Japan's approach compared to Queensland, Australia's legal framework, particularly in the context of public health measures and emergency responses, and the impact of legal systems on governance and public welfare.

Japanese Law Administrative Law and
Regulation policy compare with Queensland
Australia

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................1
MAIN BODY...................................................................................................................................1
CONCLUSION................................................................................................................................3
REFERENCES................................................................................................................................4

INTRODUCTION
The legal system of the Japanese is mainly based on the specific civil law system. This
law is based on the legal statutes and codes. Japan is primarily considered to be as a civil law
country. This study will highlight on the Asahi newspaper article. The key approaches which has
been taken by the Tokyo metropolitan government has been examined critically. Furthermore,
the same has been compared with the Queensland Australia.
MAIN BODY
Issue: In the case of the Asahi newspaper article, the governor of the Tokyo i.e., Yuriko Koike
has announced that, there are certain list of business which tends to range from the pachinko
parlours to the movie theatres which in turn has been asked to close down the capital which will
help in the prevention of the coronavirus. Koike tends to believe that, the result will be useful in
bringing out the results of the coronavirus infection under control. The list does not include the
list of business like barber shops, beauty salons, sales floors for which the Tokyo metropolitan
government has put their concern in front of the Abe administration. The list is still staggering
from including the bars and swimming pool into the list. Business which are included within the
list will be closed from the 11th April till 6 May because of the coronavirus pandemic.
Restaurants in turn has been asked to limit their working hours which is between 5 a.m. and 8
p.m. and the restaurants which are selling the alcoholic drinks in turn has been asked to close till
7 p.m. The key reason behind this is to avoid gathering of the Tokyo residents. This way it will
help in avoiding the close contact with one another. The metropolitan government of Tokyo
helps in setting up the special fund of up to 1 million yen to the businesses which are requested
for closure. The businesses which resulted in the closure of the 2 or more outlets will be entitled
to receive a maximum amount and people who has been operating with single outlet will be
entitled to receive 500,000 yen for shutting down of the business.
Rule: The legal system of the Japanese is mainly based on the specific civil law system. This law
is based on the legal statutes and codes. There seems to be six codes in specific which in turn has
been included within the Japanese law which mainly comprises of the civil code, the commercial
code, the criminal code, the constitution of the Japan, the code of the criminal procedure and the
code of the civil procedure (Elder, M., 2015). Japan is primarily considered to be as a civil law
country and on the contrary, the Australian common law federal system is mainly governed with
the law making procedure between the states and the commonwealth. The legal system across
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the globe is usually classified into civil law and common law. Within the civil law countries the
case laws are predominated by the codified laws. On the contrary, the countries where the
common law is applicable the judicial or the judges tends to significantly act as an arbitrator. The
judges tends to have a more central role which is useful in witnessing and significantly applying
the set of codified law within the civil countries. The key measures which must be taken by the
Tokyo Metropolitan government is to close large range of leisure and commercial business has
been asked to shut down which includes cabarets, swimming pools, video game centres, night
clubs, gymnasiums, bowling alleys, theatres, live houses, sports clubs, movie theatres and mah-
jongg parlours (Goodman, C.F., 2017). The facilities which are asked to be cooperated with the
prevention of the coronavirus mainly includes hospitals, wholesale markets, medical clinics,
pharmacies, sales floors handling, home products retailers, sales floors handling at stores,
supermarkets, convenience stores, etc. However, restaurants has been asked to shorten the
business hours. The key approach which in turn has been taken by the metropolitan government
of the Tokyo is to shut down the key facilities which mainly comprise of junior, senior and high
school and elementary school which in turn will be closed by the principle. The day care centres
will operate within the shortened hours. These are the key significant measures which has been
taken by the metropolitan government of the Tokyo to control the coronavirus infection. The
administration law tends to state that, the activities has been significantly carried out by the
statutory is highly restricted to the rights and freedom of the citizen. Rules which in turn has
been enacted by the administration agency are considered to be very necessary. The key rules
within the central government mainly includes Parliamentary Laws, Ministerial Ordinance,
cabinet order, Administrative Guidance and Cabinet Decision. Moreover, the key rules which are
linked with the local government mainly includes Local Ordinance, Regulation of Administrative
Commission, Regulation of Chief Executive and administrative Guidance. The administrative
procedure act has been enacted within 1993 in Japan. This act is useful in governing the key
general functions of the government. On the other hand the Australian law is largely derived
from the common law system linked with the English law (Ginsburg, T., 2017). There is only
one common law across Queensland Australia. At both the state as well as the federal level, the
law of Australia has been derived substantively from the common law system within English
law. The high court within the Australia is considered to be as the common law for several
jurisdictions within territories and state of Australia.
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Application: The law of Australia tends to mainly comprise of several degree of codified and
uncodified forms of the law. This mainly comprise of Australian constitution, legislations which
has been enacted by the federal parliament and common law. Administrative law is referred to as
the body of the legislation which regulated the decision making of the government. The
government of the Australia tends to work together which is useful in improving the access to the
justice by complying with the best practice. The Australian administrative law is useful in
defining the extent to which the powers and responsibilities which has been significantly taken
into consideration administrative agencies of Australian government (Thollander and et.al.,
2015). However, it is a common law system. The Queensland Australia has well developed
freedom of information legislation and ombudsman system where the both has been significantly
influenced by the development of the overseas. The federal administrative law system is
significant because it is based on the separation within the structural roles of the executive,
legislature and judiciary within the constitution of Australia. On the contrary, as per the
administration procedure act of the Japan states that, the person who has been imposing
administrative guidance must not involve in the conduct of compelling the subject partly in order
to comply with administrative guidance. Within the constitution of the Japan the diet is referred
to as the highest organ within the state power and is the significant law making organ within the
state. The administrative act is an act where the administrative agency tends to effectively act
through the key rights and obligations associated with the individual as the exercise of the public
authority within the law (Wang, T.S., 2015). The Japanese administrative law and regulation
policies are much more effective when they are compared to the administrative laws and
regulation policies of Queensland Australia. This is because the Japanese administrative laws
and regulation policies would be much more effective towards curbing the spread of the deadly
Coronavirus (COVID-19) in Japan as is evident to us from the Asahi newspaper article case
study. This is because the measures and initiatives that have been undertaken by Japan as a direct
result of their administrative laws and regulation policies are much more well rounded,
sophisticated and strategically planned when compared to the administrative laws of Queensland
Australia, which place increased importance on the freedom of information legislation and
ombudsman system which are themselves influenced from the legal system overseas (Huang and
Law, 2016). Through the regulation policies and administrative laws laid out by the Japanese
civil law system, its elected Tokyo metropolitan government is much more capable of passing
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rules and initiatives which can help in decreasing the spread of coronavirus (COVID-19) within
the Japanese population, as is evident from the various initiatives and measures undertaken by
the Tokyo metropolitan government such as shutting down or placing regulations on the
operations of various different business organisations that operate within the Japanese markets
such as night clubs, cabarets, mah-jongg parlours, video game centres and placing timing
restrictions on the operations of restaurants, allowing them to only operate between the periods
of 5:00am to 8:00pm, with the restaurants that sell alcoholic beverages being asked to close their
operations by 7:00pm. Such requests of closure of business organisations that operate in the
Japanese markets fall under the provisions of the revised special measures of the administrative
law of Japan, which allows for its government to effectively deal with the outbreak of the
coronavirus (COVID-19) towards safeguarding the health and safety of its population from the
spread of the coronavirus (COVID-19) by the operations of various business organisations that
operate within the Japanese markets.
Conclusion:
In conclusion, the measures and initiatives that have been undertaken by the Japanese
government through their regulation policies and administrative laws towards the aim of curbing
the spread of coronavirus (COVID-19) within the Japanese population have been sufficiently
successful, when compared to the administrative laws and regulation policies of Queensland
Australia. In order to effectively curb the spread of coronavirus (COVID-19) within the Japanese
population, especially in Tokyo, which is the most populous city in the entire country of Japan,
and witnessed a record 1500 positive cases of the coronavirus (COVID-19), its governor Koike
effectively made use of the administrative laws and regulation policies of Japan in order to put a
stop to the operations and functions of various different business organisations that operate
within the Japanese markets (Kaneko, 2020). The businesses that have been asked to close down
their individual operations in an effort to decrease the number of Japanese citizens coming
together and spreading the highly contagious coronavirus (COVID-19) range from the operations
of various movie theatres to pachinko parlours. This initiative to curb the spread of the
coronavirus (COVID-19) within Japanese population does not include the operations of other
business organisations such as those of beauty salons, barber shops, sales floors which are
essential towards the daily sustenance of the Japanese population as these include departmental
stores and home products resellers, even though the Tokyo metropolitan government had fought
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and tried to negotiate with the Abe administration to include in the measures undertaken to
decrease the spread of the highly contagious coronavirus (COVID-19). Additionally the Tokyo
metropolitan government has also mandated the operations of other business organisations to be
completely suspended such as those of cabarets, bars, mah-jongg and pachinko parlours,
swimming pools, gymnasiums, sports clubs, live houses, night clubs, karaoke, video game
centres, bowling alleys etc., as all of these tend to attract masses of the Japanese population
which can be deadly for the citizens in the current pandemic (Kadomatsu, 2018). Further the
Tokyo metropolitan government has also restricted and limited the operations of other businesses
such as those of restaurants which are only allowed to conduct their daily operations between the
periods of 5:00am and 8:00pm, with restaurants selling alcoholic beverages only allowed to
operate till 7:00pm. All these measures enacted by the Tokyo metropolitan government are
sufficiently effective towards decreasing the spread of coronavirus (COVID-19) within Japan,
especially Tokyo.
CONCLUSION
From the conducted study it has been summarized that at both the state as well as the federal
level, the law of Australia has been derived substantively from the common law system within
English law. The administrative procedure act is useful in governing the key general functions of
the government. The report concludes that the Japanese administrative law and regulation
policies are more effective towards curbing the spread of the coronavirus (COVID-19) within the
Japanese population when compared to the administrative laws and regulation policies of
Queensland Australia.
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REFERENCES
Books and Journals
Elder, M., 2015. METI and Industrial Policy in Japan. Schaede and Grimes, eds., Japan’s
Managed Globalization, pp.159-90.
Ginsburg, T., 2017. Written constitutions and the administrative state: on the constitutional
character of administrative law. In Comparative administrative law. Edward Elgar
Publishing.
Goodman, C.F., 2017. The rule of law in Japan: A comparative analysis. Kluwer Law
International BV.
Huang, C.Y. and Law, D.S., 2016. Proportionality review of administrative action in Japan,
Korea, Taiwan, and China. In Comparative Law and Regulation. Edward Elgar
Publishing.
Kadomatsu, N., 2018. Functions of the Proportionality Principle in Japanese Administrative
Law. Academia Sinica Law Journal. (22). pp.203-242.
Kaneko, H., 2020. Axiology of Administrative Discretion (gyōsei sairyō) as Well as
Administrative Guidance (gyōsei shidō) in Japan from the Perspective of Judicial
Control. Studia Iuridica Lublinensia. 29(3). pp.135-148.
Thollander and et.al., 2015. A review of industrial energy and climate policies in Japan and
Sweden with emphasis towards SMEs. Renewable and Sustainable Energy Reviews. 50.
pp.504-512.
Wang, T.S., 2015. Legal reform in Taiwan under Japanese colonial rule, 1895-1945: The
reception of western law. University of Washington Press.
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