| Project/Area Number |
22530031
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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 | Nagoya University |
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Principal Investigator |
AIKYO Koji 名古屋大学, 法学研究科, 教授 (10293490)
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| Project Period (FY) |
2010 – 2012
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| Project Status |
Completed (Fiscal Year 2012)
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| Budget Amount *help |
¥2,340,000 (Direct Cost: ¥1,800,000、Indirect Cost: ¥540,000)
Fiscal Year 2012: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2011: ¥910,000 (Direct Cost: ¥700,000、Indirect Cost: ¥210,000)
Fiscal Year 2010: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
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| Keywords | 憲法 / 憲法理論 / 立憲主義 / 公法学 / 憲法学 / 法哲学 / 政治学 |
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| Research Abstract |
The Main Question of this research is “How does the rise of constitutionalism change the constitutional theory?”. For answering this question, I choose to study the trend of UK constitutional theory after “Constitutional Reform” and found that, at least in UK, the rise of constitutionalism have changed the discourse of constitutional theory much more normative one. It is especially interesting that some scholars who belong to the “Political Constitution” School, which used to reject the normative view about constitution, began to adapt the normative view. So we could say that the rise of constitutionalism encourages the interaction and corporation between constitutional theory and political philosophy. Also I studied Japanese constitutional theory form the same point of view, and found that the theoretical shift from “Constitutional Theory as Social Science” to “Constitutional Theory as Political (Legal) Philosophy” could be also explained by the rise of constitutionalism. Based on this finding, I made little bit critical assessment about the important constitutional theories in Japan.
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