The Administrative Litigation Act (行政事件訴訟法) is a Japanese statute enacted in 1962 which governs lawsuits involving the government of Japan. It overlays the Code of Civil Procedure, and the Code governs such cases to the extent the Act is silent.

Types of administrative litigation

The Act provides for four types of administrative litigation:

Objection by the Prime Minister

Objection by the Prime Minister is that the Prime Minister in Japan challenge to that a court order to suspend execution in the avoidance litigation. This is prescribed by the article 27 in the law. This institution is in only Japan, and no similar institution in another country. Many administrative law jurists do not admit that this institution is constitutional, by reason of that violation to the principle of separation of powers. However, in 1969, the Tokyo District Court reject crime of a jurist who appeal that this institution is not constitutional.

Administrative litigation versus other means of appeal

The Administrative Appeal Act may also be used to appeal a wrongful government act. Administrative appeals are made directly to the government body whose act is being appealed. Ordinarily the petitioner may choose either venue to contest a government act. However, there are certain special cases (such as tax-related claims) where an administrative appeal process must be completed before a court may hear the case.

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