| Budget Amount *help |
¥3,640,000 (Direct Cost: ¥2,800,000、Indirect Cost: ¥840,000)
Fiscal Year 2014: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Fiscal Year 2013: ¥1,170,000 (Direct Cost: ¥900,000、Indirect Cost: ¥270,000)
Fiscal Year 2012: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
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| Outline of Final Research Achievements |
The three steps scrutiny in German constitutional theory is introduced to Japan and established to some extent. However, there is a gap of understanding the concept "Eingriff" between Japan and Germany. As a similar concept, indirect or incidental restriction is adopted in judgements of the Supreme Court of Japan. But its scope is not fully clarified, because the Court is not aiming at its systematization. It looks like a cover for direct restriction. Like Germany, Indirect restriction should be used only when burdensome effects against addressee of legal norm influence a third party. The "Eingriff" involves a function of detecting restrictions, which are prima facie difficult to find in various means of control by the modern state.
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