| Project/Area Number |
26380019
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Multi-year Fund |
|---|
| Section | 一般 |
|---|
| Research Field |
Fundamental law
|
|---|
| Research Institution | Kanagawa University |
|---|
Principal Investigator |
|
|---|
| Co-Investigator(Renkei-kenkyūsha) |
Sato Fumito 名古屋大学, 大学院法学研究科, 准教授 (50350418)
|
|---|
| Research Collaborator |
Oba Sawako 神戸大学, 大学院法学研究科
|
|---|
| Project Period (FY) |
2014-04-01 – 2017-03-31
|
| Project Status |
Completed (Fiscal Year 2016)
|
| Budget Amount *help |
¥3,380,000 (Direct Cost: ¥2,600,000、Indirect Cost: ¥780,000)
Fiscal Year 2016: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
Fiscal Year 2015: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Fiscal Year 2014: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000)
|
|---|
| Keywords | 違憲審査制 / 憲法裁判所 / ポーランド法 / ロシア法 / チェコ法 / 欧州人権裁判所 |
|---|
| Outline of Final Research Achievements |
In Europe, where the constututional review is conducted by constitutional court, there exist, besides relationship between constitutional court and parliament, various "response" relationships between constitutional court and supreme court, constutional court and European Court of Human Rights. The constitutional order of a given country is formulated through all of these interactions. They appear, as usual, concerning on court decisions, but in the younger constitutional review systems such as Russian or East European ones, sometimes tensions at the dimension of courts decisions bring about institutional change (competences of constitutional court, selection of its judges). In recent years, since 2010 in Hungary and 2015 in Poland, a tendency of minimizing the very meaning of constitutional review has made an appearance again after a quarter of the century from systemic transformation, with a political thinking that absolutizes of the will of the majority in the legislature.
|
