2001 Fiscal Year Final Research Report Summary
General Research on Machinery and judgements of the European Court Human Rights
| Project/Area Number |
12620028
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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 | SENSHU UNIVERSITY |
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Principal Investigator |
SUMINO Takanori Senshu University, school of Law, Professor, 法学部, 教授 (40083555)
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| Co-Investigator(Kenkyū-buntansha) |
SUZUKI Masumi Yamaguchi University, School of Economics, Professor, 経済学部, 教授 (30314793)
NAITO Mitsuhiro school of Law, Senshu University, Assistant Professor, 法学部, 助教授 (80207696)
ISHIMURA Osamu school of Law, Senshu University, Professor, 法学部, 教授 (10103409)
HORIE Kaoru Niigata Women'college, Assistant Professor, 国際教養学科, 助教授 (70310480)
OFUJI Noriko Seigakuin University, Faculty of Politico-Economics Assistant Professor, 政治経済学部, 助教授 (00296287)
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| Project Period (FY) |
2000 – 2001
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| Keywords | Council of Europe / European Court of Human Rights / European Convention on Human Rights / European Union / European Court of Justice / Democratic Society / Margin of Appreciation / European Standard |
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| Research Abstract |
Through the joint research for two years, we had held twelve meetings for studies. The results of those researches and investigation are as follows.
1. Japan had responded to the progress of the international human rights laws, though a little too late, and Japanese courts are generally passive in this field. Therefore, Japan has been asked for the active response to the International Covenants on Human Rights and so on. It is significant for us to study the European Court of Human Rights [ECHR] with much accumulated judgements.
2. ECHR has received rapidly increased applications by individuals since the late eighties, in connection with the enlarged sphere of human rights by its expansive interpretation, the active response to the European Convention on Human Rights by the Contracting States, and so on. It has settled the cases, adjusting the differences and ascertaining the discretion of the states concerned by the "margin of appreciation". Through the judgements of ECHR, there have been growing up European common standards of human rights, grounded on rule of law, democratic society and individual freedom. Corresponding with or referred to them, the laws have been arranged and the courts held in each Contracting State.
3. In the nineties east and central European countries ratified the European Convention on Human Rights. Numbers of applications from them have increased to the permanent ECHR since 1998. Under the conditions, the "European standards" have been asked whether and how applied outside the western.
Next problem of our researches is to study those standards in the case law of ECHR, focused upon the personal liberty and the right of privacy.
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