1999 Fiscal Year Final Research Report Summary
comparative study on experimental law
| Project/Area Number |
09620018
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | KYUSHU UNIVERSITY |
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Principal Investigator |
OHASHI Yoichi Kyushu University, Graduate School of Law, Professor, 法学研究科, 教授 (10192519)
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| Project Period (FY) |
1997 – 1999
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| Keywords | experimental law / sunset law / experimental jurisprudence |
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| Research Abstract |
The theme of this research is a comparative study of experimental law. In the 90s, many lawyers and political scientists in Europe were engaged in this theme. But until today, there is no analysis of it in Japan. My study is the first one in Japan.
The characteristics of this type of law is as follows.
(1) Because there are no data and no experiences about new problems, the parliament must test a new policy for a limited period (and often in a limited area). In this situation, the parliament enacts a law as an experiment. This law is called experimental law.
(2) After the test, a special committee must discuss about the result and publish data and its opinion.
(3) If the test has a great success, a law is enacted for a long period. The conditions for test and suitable fields for an experiment are clarified in my article.
The conditions for test and suitable fields for an experiment are clarified in my article.
In Japan, there are the same laws as the experimental law in Europe.
So we can use the solutions and ideas, that are created in Europe.
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