| Project/Area Number |
24730024
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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 | Prefectural University of Hiroshima |
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Principal Investigator |
TAKAYOSHI Okada 県立広島大学, 総合教育センター, 講師 (30613658)
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| Project Period (FY) |
2012-04-01 – 2014-03-31
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| Project Status |
Completed (Fiscal Year 2013)
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| Budget Amount *help |
¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Fiscal Year 2013: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
Fiscal Year 2012: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
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| Keywords | 差別的な結果 / 異なる効果 / 差別的インパクト / 差別的意図 / disparate impact / 結果の平等 / 差別的な効果 / 平等原則 / 個人主義 / 形式的平等 / 実質的平等 |
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| Research Abstract |
On the surface, the governmental actions seem to be neutral and fair. Nevertheless, there are some possibilities for them to bring about unintentional discriminatory impact against minority groups. To have brought about discriminatory impact is not unconstitutional per se. This study aims at giving consideration to judicial review which can successfully deal with the problem of discriminatory impact. I long for studying the theories relating to the constitution in the United States to examine the problem. The Equal Protection Clause, which is part of the Fourteenth Amendment to the Constitution of the United States, is interpreted to prohibit the intentional discrimination merely. It is a necessary condition to prove the unconstitutionality of the intentional action in the United States. The study concludes that taking account of the governmental intention more seriously in judicial review may be one of the solutions to deal with the problems of discriminatory impact.
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