一、前言在日本行政法学中,“法治主义”概念被称为最重要的基本原理之一。例如,在日本国宪法下代表性的行政法教科书田中二郎的《行政法总论》(1957年)中,法治主义与民主主义、福祉国家、司法保障一同被列为现行行政法的基本原理之一(190页)。而且,近年来还出版了以将行政法描绘为法治主义的具体化作为标榜的行政法体系书如高田敏编著的《行政法——法治主义的具体化》(2001年)。当然,这并不意味着法治主义的内容只有一种定义方式,从行政实务和裁判判例来看,行政法学讨论的法治主义还未达到尘埃落定的事实依然存在。基于对法治主义的多方面特性所持的兴趣,笔者在1992年发表了以《法治主义的诸相》为题的论文,在1996年发表了以《法治主义的现状与课题》为题的论文。就法治主义而言,此种内在的检讨虽然必要但还不止于此。实际上,法 I. Preface In Japan’s administrative law, the concept of “rule of law” is said to be one of the most important basic principles. For example, in the General Law of Administrative Law (1957), which is the representative textbook of administrative law under the Japanese Constitution, the combination of legalism and democracy, the welfare state, and judicial guarantees are listed as the basic principles of the current administrative law One (190 pages). In addition, in recent years, Administrative Law - The Specificization of Legalism (2001) published as an advertised administrative law book titled as the embodiment of administrative law as a form of legalism has also been published. Of course, this does not mean that there is only one way of defining the content of legalism. Judging from administrative practice and the jurisprudence of jurisprudence, the fact that the rule of law discussed in administrative jurisprudence has not yet reached the conclusion of the dust still exists. Based on his interest in the multifaceted nature of legalism, the author published a paper titled “The Pharisees of Rule of Law” in 1992 and published a paper entitled “The Status Quo and Problems of Legalism” in 1996. In the case of rule of law, such an intrinsic review goes beyond this, though it is necessary. Actually, the law