Problems with administrative law for health emergency; measures against infectious diseases in Japan regarding COVID-19

In Japan, COVID-19's measures were taken under the framework of heavy use of administrative guidance. In principle, such measures are recommended without any enforcement measures. Although citizens have the right to make a final decision, if they fail to follow the strong recommendation of the government, their names will be disclosed, and they will be subject to strong public criticism. Such a system has been criticized in various ways, but most of all, it has a fatal flaw in that the government cannot rescind the “disposition” or take administrative action. In this report, we point out the problems from the viewpoint of the rule of law in regard to the fact that countermeasures against infectious diseases and corona were implemented and actually implemented with such fatal defects. Especially, regarding the importance of securing grounds for disposition and means of the dispute over disposition when responding to emergency situations will be discussed.