| Budget Amount *help |
¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 2006: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 2005: ¥500,000 (Direct Cost: ¥500,000)
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| Research Abstract |
In the process of the "jurisdicisation" of the International Community, the emergence of international human rights law as a significant dimension of world order and foreign policy for many powerful states is one of the most exciting things.
This growth of human rights law is surprising because it depends on states contributing to the erosion of their own sovereignty.
The application of the international human rights treaties in the domestic courts gives rise to a series of basic questions. Why the lawyer have to apply les treaties instead of the Constitution? Why the international human rights treaties 'status is higher than the law? What are the specific contributions made by international litigation?
In many states, including those that are democratic, judicial institutions do not entertain human rights complains, much less to offer comprehensive judicial protection.
In Japan, it is very few that the Supreme Court apply the international human rights treaties. It's because of the reason of the independence of the judicial power, the theory of distinction between the Constitution and the treaty in the point of view of the national sovereignty.
On the other hand, in France, recently, the domestic court have to apply the European human rights convention. It because of the system of the control of this Convention (Court system) and the article 55 of the Constitution (treaty is legally superior than the law). But, recently, there is the theory that pretend the integration of the European human rights Convention in the "Bole de constitutionnalite", that's mean constitutional norm.
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