Associate Professor Aiko Wakasa

Area and Subject Taught Administrative Law
Research Theme(s) Discretionary Function Exception in State Compensation Act
Academic Degrees Master of Laws, Kansai University
Keywords for Research Field Immunity, Discretion, Remedy, Governmental Tort
Office Phone Number Not Public

Research Overview

Activities of administrative agency, including national or local government, must help the nation operate smoothly or improve citizens' lives. For that purpose, administrative agencies make and implement various plans based upon the law. To put it simply, activities of administrative agency are conducted under the law so that the citizen can lead peaceful and happy lives. But such activities may sometimes injure the rights and interest of certain groups of citizen or specific citizen. These injuries can be divided into two broad categories: intended and unintended in the law.
Administrative agencies were not held liable for such unintended injuries until the middle of the 20th century. However, the establishment of citizen's rights and interests has made it possible to pursue administrative liability as well as claim compensation. Unfortunately, all injured rights and interests are not entirely compensated; some administrative agencies are immune from damages even today. Through my research, I seek to indicate cases where activities of administrative agency are held legitimately immune.

Notable Publications and Works

  1. 「アメリカ諸州における政府免責についての一考察―ミシシッピ州の判例より―」産大法学第41 巻第4 号(2008 年2 月)
  2. 「アメリカ諸州における政府免責についての一考察―フロリダ州の判例より―」産大法学40 巻第2 号(2006 年11 月)
  3. 「裁量免責(discretionary function exception)についての一考察-アメリカ連邦不法行為請求権法(Federal Tort Claims Act)の判例より-」法学論集第51 巻6 号(関西大学法学会, 2002)