| Project/Area Number |
14520021
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Tohoku University |
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Principal Investigator |
YAMAMOTO Hajime Tohoku University, Law School, professor, 大学院・法学研究科, 教授 (10222382)
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| Project Period (FY) |
2002 – 2003
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| Project Status |
Completed (Fiscal Year 2003)
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| Budget Amount *help |
¥2,300,000 (Direct Cost: ¥2,300,000)
Fiscal Year 2003: ¥1,100,000 (Direct Cost: ¥1,100,000)
Fiscal Year 2002: ¥1,200,000 (Direct Cost: ¥1,200,000)
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| Keywords | Human rights / France / Constitution / European Convention of Human Rights / order public / attorney at law / judge / judicial power / 法学教育 / 弁護士養成 / EU法 / 基本権 / 憲法院 / フランス憲法 |
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| Research Abstract |
Recent research on the debates of third party effect of human rights provisions and of relation between Constitutional law and Civil law in Japanese constitutional thought and civil law thought make clear the fact that framework and situation of protection of human rights in contemporary French law is a very key point for their theorizing works.
The first part of this research focuses on present thought and reality of human rights protection in France. European integration exercises a vast influence for its theory. Contrary to a general established view, the mainstream French constitutional doctrine asserts that human rights provisions have a third party effect. And it considers that the European Convention on Human Rights is a part of the human rights provisions. The transformation of argument of "order public" is one of its results.
The second part of this research analyzes contents and method of human rights education in French legal educational organization. In France, education of human rights is always situated in a central place in university level legal education with no slight change of its nomination and its contents. Human rights is considered as multidisciplinary subject of Philosophy of Law, Constitutional Law, Administrative Law, International Law, Penal Law etc. French university legal educational system has a very interesting method, which is called "travaux dirige". The aim of this system is to help an understanding of students on lectures unilaterally given by a professor. An assistant corporating professors prepares effective educational materials to make up for the lectures.
Judge is a principle actor for realizing a judicial remedy. So a supplementary research analyzes the transformation of argument on judge in recent French legal discourse.
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