2002 Fiscal Year Final Research Report Summary
judicial review in judicial reform
| Project/Area Number |
12420006
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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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 | MEIJO UNIVERSITY |
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Principal Investigator |
KURIKI Hisao MEIJO UNIVERSITY, Faculty of Law, professor, 法学部, 教授 (10046964)
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| Co-Investigator(Kenkyū-buntansha) |
ISHIMURA Osamu SENSHU UNIVERSITY, Faculty of Law, professor, 法学部, 教授 (10103409)
HATAJIRI Tsuyoshi JOSAI UNIVERSITY, Faculty of Economics, professor, 経済学部, 教授 (80172914)
TONAMI Koji WASEDA UNIVERSITY, Faculty of Law, professor, 法学部, 教授 (00155540)
INOUE Noriyuki KOBE UNIVERSITY, Faculty of Law, professor, 法学部, 教授 (70203247)
KUDO Taturou CHUO UNIVERSITY, Faculty of Law, professor, 法学部, 教授 (10146996)
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| Project Period (FY) |
2000 – 2002
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| Keywords | judicial review / the Federal Constitutional Court of Germany / the fundamental human rights / constitutional cultures / judges of constitutional courts / consciousnesses of the constitution / law of Constitutional Procedure / the European Court of Justice |
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| Research Abstract |
In order to activate the judicial review in Japan, we have made a comparative study of judicial review in several countries, especially that of the Federal Constitutional Court of Germany, and have the following conclusions.
(1) The German Constitutional Court, which is the archetype of the modern constitutional court systems, actively fulfills its functions to protect the fundamental human rights and to maintain the constitutional order. It shows its originality with respect to both substantive laws and procedures, and people constantly have high trust in it.
(2) In countries with a constitutional court system after the German model, there are some differences in the concrete procedures, powers and functions according to their constitutional cultures.
(3) The judges of constitutional courts have stronger and clearer consciousnesses of the constitution, politics and their own personality than other judges.
(4) In Europe three branches of the court system, i.e. an ordinary judicial court, a constitutional court and the European Court of Justice, respectively play their roles to protect the fundamental human rights effectively.
(5) Whether or not we set up an independent constitutional court in Japan, we are much in need of a special law of Constitutional Procedure in order to make our judicial review active.
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