Research of Pluralism and neutrality of the state from the viewpoint of the public law
| Project/Area Number |
16530020
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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 | Kobe University |
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Principal Investigator |
INOUE Noriyuki Kobe University, Gradunte Sahool of Law, Professor (70203247)
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| Project Period (FY) |
2004 – 2007
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| Project Status |
Completed (Fiscal Year 2007)
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| Budget Amount *help |
¥2,980,000 (Direct Cost: ¥2,800,000、Indirect Cost: ¥180,000)
Fiscal Year 2007: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2006: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 2005: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 2004: ¥800,000 (Direct Cost: ¥800,000)
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| Keywords | Constitutional Law / Constitutional Rights / Comparative Law of Constitution / European Human Rights / スポーツ法 / 国家の中立性 / 多元主義 / 文化的基本権 / 補充性の原理 / EU人権 |
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| Research Abstract |
This Research Project aims at a complex study of the pluralism and the neutrality of the State from the viewpoint of the constitutional law. As the method of this Research I used the investigation both of the Japanese theory of constitutional and human rights in the symptom of the globalization generally and of the roles and the meanings of the human rights in the field of culture, sports and family relations especially.
The Japanese theory of constitutional rights plays only the restrictive role in the epoch of the globalization. For example, the freedom of job is thought as being irrelevant to the monopoly of the Sports-Lottery by the state for the promotion of the sports' events. And the equality between the children is injured by the traditional image of the family relationship. The Japanese Supreme Court has the general tendency to prefer the interests of the state to the pluralistic social order or the respect for the individuals.
In order to overcome this situation in Japan, man must inquire of the theory of the constitutional patriotism, which is contend by the political scholars and is developed by the sociologist in Germany. I think that the theory of the constitutional patriotism is very useful to harmonize the diversity of individual opinions and the views of values in the pluralistic society
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Report
(5 results)
Research Products
(37 results)
