| Project/Area Number |
23730033
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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 | Komazawa University |
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Principal Investigator |
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| Project Period (FY) |
2011 – 2012
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| Project Status |
Completed (Fiscal Year 2012)
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| Budget Amount *help |
¥1,690,000 (Direct Cost: ¥1,300,000、Indirect Cost: ¥390,000)
Fiscal Year 2012: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2011: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
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| Keywords | 比較憲法 / フランス法 / 議会法 / 立法学 / 法律案修正権 / 立法手続と司法審査 / 憲法訴訟論 / 議事手続と司法審査 / 閣議と司法審査 / 立法手続 / 議会制度 |
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| Research Abstract |
At first, It focused on the right of amendment which traditionally was not fully examined in Japan, and I examined the argument of France for what kind of restrictions the exercises have. And I obtained the suggestion to Japan. It is that the exercises of the right of amendment may involve the restrictions on contents, and the amendment by government may obey different restrictions from the presentation of bill. Secondly, Japanese doctrines have not arguedwhether a judicial review reaches to "the procedure of presentation of bill". I obtained the suggestion at the point that Conseil constitutionnel of France has a role of a referee in legislation procedure. And I concluded that since "the procedure of presentation of governmental bill" was prescribed by law, when the government violated the procedure, the court needed to examine it as a referee.
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