| Project/Area Number |
07620014
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Public law
|
|---|
| Research Institution | Waseda University (1996)
University of Tsukuba (1995) |
|---|
Principal Investigator |
TONAMI Koji Waseda University, School of Law, Professor, 法学部, 教授 (00155540)
|
|---|
| Project Period (FY) |
1995 – 1996
|
| Project Status |
Completed (Fiscal Year 1996)
|
| Budget Amount *help |
¥1,800,000 (Direct Cost: ¥1,800,000)
Fiscal Year 1996: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 1995: ¥1,100,000 (Direct Cost: ¥1,100,000)
|
|---|
| Keywords | human dignity / freedom by state / right of p rsuit of happiness / freedom in general / self-determination / state's duty to protect human rights / social rights / effective guarantee of human rights / 新しい人権 / 人権の基礎理論 / 基本権保護義務 / 違憲審査制 / 憲法裁判 / 人間の尊厳 / 人格的自律 / 自己決定 / プライバシー / 環境権 |
|---|
| Research Abstract |
1. While studying my thema I was engaged in an inquiry into human dignity which is a basic thought of human rights, and also into the right of pursuit of happiness of the article 13. Japanese Constitution.
2. Concerning the right of pursuit of happiness I had an opportunity to report "the structure of the right of pursuit of happiness" and wrote it in Public Law Review No.58. There I considered what kind of rights can be regarded as new constitutional rights, and concluded that the right of pursuit of happiness guarantees a free decision of individuals about oneself, that the freedom of self-determination implies all personal activities, and that such a free determination stems from liberalism in 19. century.
3. Concerning new problems of the principle of human dignity I studied a theory of duty of a state to protect human rights, a way of protection of the right to take trial, guarantee of the right to live. I also studied a judicial review which sustains guarantee of human rights : a historical development of japanese judicial review, its practical function, some problems in constitutional decisions of Japanese Supreme Court, how to activate japanese judicial review.
4 On the whole my study about "the human dignity and neu problems of human rights" was going so well that I could obtain good results.
|
