| Budget Amount *help |
¥4,160,000 (Direct Cost: ¥3,200,000、Indirect Cost: ¥960,000)
Fiscal Year 2012: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Fiscal Year 2011: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Fiscal Year 2010: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2009: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
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| Research Abstract |
This research has aimed at specifying legal doctrines and criterion that serve as defining constitutionally justified restriction on fundamental rights of citizens, especially for the purpose of guaranteeing “security” of civil life. As its results, proportionality principle represents as leading mechanism for constitutional scrutiny if this principle is practiced not as mechanism of value-comparison, but chiefly as mechanism of checking legislative assessment of purpose-effect relationship. Proportionality principle is, therefore, only effective when it is used simultaneously with criterion limiting legitimate legislative purpose. Theories trying to establish “absolute rules” defining illegitimate purpose are only pragmatically suitable in this context, because none of them can function really “absolute”.
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