Establishing Partnership between Public and Private Law in Globalized Policy-Making and Enforcement Processes: A Focus on Social Security Law
Japanese Yearbook of International Law Vol. 57 (2014)
13 Pages Posted: 17 May 2016
Date Written: March 2, 2015
The Japanese scholarship has traditionally defined public law as an authority relationship between the ruler and the ruled. After the World War II, however, the administrative court was abolished under the existing Constitution. Scholars also relinquished the strict dichotomy between public and private law, but still there are some differences between the two. My research interest lies in the tension between public and private law in the context of increasingly globalized policy-making and enforcement processes. Several questions now arise: one is whether and, if so, how we can still refer to public law or administrative law as being different from private law, especially in light of the fact that the former is believed to carry the responsibility of ensuring both democratic legitimacy and neutrality of the administrative bureaucratic system, to protect human rights and/or the so-called ‘public interest’, and to guarantee transparency and accountability of decisions public made by bureaucratic actors.
Building on these inquiries, the next crucial question concerns the way in which these two groups can be properly thought of as working in tandem so as to realize public policy goals and aspirations. In the social security law, which has been situated in the sphere of public law in Japan, there are some examples for the internationalization or globalization. Basically, however, the unit for redistribution is only the nation state so far. One option could be redistribution by private entities. The nation state should rather regulate these entities in order to secure the redistribution than supply a cash payment or services itself. If the globalized social security law could emerge, there would have to be a continued and possibly re-invigorated emphasis on the responsibility of the nation state with regard to redistributive politics. No doubt this would have significant consequences for the already blurred line between tax law and social security law.
Keywords: Globalization, Public and Private Law Partnership, Policy-Making and Enforcement Process, Global Social Security Law, Employee Annuity Insurance
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