| Project/Area Number |
16K16990
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Public law
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| Research Institution | Rissho University |
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Principal Investigator |
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| Project Period (FY) |
2016-04-01 – 2018-03-31
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| Project Status |
Completed (Fiscal Year 2017)
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| Budget Amount *help |
¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Fiscal Year 2017: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2016: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
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| Keywords | 違憲審査 / 司法権 / 憲法的対話 / 司法的救済 / 公法学 / 憲法 |
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| Outline of Final Research Achievements |
In this study, I have analysed the theoretical foundation of the idea of so-called constitutional dialogue, arguments about the relationship of the legislature and the judiciary after the introduction of Human Rights Act 1998 in the UK.
By way of this comparative constitutional study, it was revealed that the discourses of constitutional dialogue presuppose a certain understanding of the constitutional structure, in which the courts have a role as enforcers of the constitutional order on the basis of prudential reasoning, as well as a traditional judicial role of legal interpretation. This distinction of roles of the courts corresponds with that of legal judgements and remedies, the latter being not necessarily bound by legal reasoning. It is suggested that this understanding of constitutional structure can also be useful for developing practical remedies suitable for the constitutional adjudication system in Japan.
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