イギリスにおける公益訴訟

概要

論文の詳細を見る
In Japan, when the public interest is violated by an illegal activity of the administrative agency, it is difficult for private citizens and groups to bring an action to the court, because the administrative litigation in Japan aims to relieve the private individual rights. But, in England, ordinary citizens and associations can vindicate the public interest by way of claim for judicial review in the court, without showing individual harm. This type of litigation is called "public interest litigation". Then, why is it possible to bring this kind of action in England? To answer to this question, this paper seeks to examine the history of "public interest litigation" and recent case law. The first section considers "relator action" and "action by local authorities", which are the traditional types of litigation to protect the public interest. The second section focuses on the law of standing in England and analyzes recent case law. Finally, this paper examines the theories concerning the evaluation of "public interest litigation" and tries to derive the grounds of this type of action.
関西学院大学の論文