| Budget Amount *help |
¥2,900,000 (Direct Cost: ¥2,900,000)
Fiscal Year 2002: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 2001: ¥900,000 (Direct Cost: ¥900,000)
Fiscal Year 2000: ¥1,300,000 (Direct Cost: ¥1,300,000)
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| Research Abstract |
This Research has then pointed out that the theoretical framework of institutional guarantee plays a positive role, at least for property rights, on following five grounds: (1) property rights are not mere guaranties of value but fundamental rights which have internal and close relation to the guaranty of personal liberty; (2) property rights are inherently "legislation-dependent rights", with regulations of their contents, of ways to exercise them, to coordinate them and other rights, and so forth, put into the hands of legislators; (3) German theories on the institutional guarantee stick to the ideas, "protection of core areas", while as their structural features they exclude any orientation toward "historical and conventional things"; (4) one requires not mere protection of status quo (vested rights), but formation of property rights which have internal relation to the personal liberty designed to ensure and preserve "human dignity"; (5) property rights as such has been more and more dependent these days on the national social and economic policies over distribution of property. From the above mentioned, this Research has concluded that, when substance of property rights which have internal relation to the personal liberty of individuals are considered to be violated, the legislators have an obligation not to leave the damage alone, but to take the positive legislative measures to recover it.
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