1994 Fiscal Year Final Research Report Summary
Constitutional Review in West Europe in Comparative Law
| Project/Area Number |
04620014
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| Research Category |
Grant-in-Aid for General Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Research Field |
Public law
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| Research Institution | OITA UNIVERSITY |
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Principal Investigator |
NAGATA Hideki Oita University, Faculty of Economics, Professor, 経済学部, 教授 (60136778)
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| Project Period (FY) |
1992 – 1994
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| Keywords | Constitutional Review / Concentrated System / Diffuse System / Mixed System / Constitutional Court |
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| Research Abstract |
In Europe most countries adopted concentrated systems or mixed systems when they decided to introduce constitutional review after the collapse of dictatorship. Few European countries have diffuse systems of the judicial review.
The aim of this research is to analyze ways of the election of the judges of the constitutional courts, and status of the judges, independency of the constitutional courts, character as a court or/and character as a constitutional organ, organisation, major competences, minor competences, proceedings, conference, ways of the decision, dissenting opinion, effects and executions of the judgment and role of the courts in the political process. This reserch makes clear the assimilations and the differences of all the constitutional review systems in West Europe.
As a result of this study we can conclude that Japan should have better adopted a concentrated system than the diffuse system that we introduced from USA after the World War II.
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