2003 Fiscal Year Final Research Report Summary
Research on Influences of European Integration for British Public Law
| Project/Area Number |
13620026
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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 | Yamaguchi University |
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Principal Investigator |
SUZUKI Masumi Yamaguchi University, Faculty of Economics, Professor, 経済学部, 教授 (30314793)
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| Co-Investigator(Kenkyū-buntansha) |
YANAI Kenichi Yamaguchi University, Faculty of Economics, Assistant Professor, 経済学部, 助教授 (30304471)
ARITA Kenji Yamaguchi University, Faculty of Economics, Professor, 経済学部, 教授 (50232062)
FUJITA Tatsuro Yamaguchi University, Faculty of Educations, Professor, 教育学部, 教授 (10209059)
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| Project Period (FY) |
2001 – 2003
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| Keywords | European Union / the Draft Treaty establishing Constitution for Europe / the European Communities Act 1972 / the Human Rights Act 1998 / the European Convention of Human Rights / the Nationality, Immigration and Asylum Law 2002 / British Citizenship / the Public Interest Disclosure Act 1998 |
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| Research Abstract |
The European Union(EU), a supranational organization with a system of governance sui generic, has been enlarged and deepening in these three years much more than ever because of the Nicetreaty(2003), ten new member states' accession(May 2004) and the Draft meaty mentioned below etc. Although U.K. has been able to incorporate EU(EC) laws into domestic laws through the European Communities Act 1972, "a technical legal revolution" said by H.W.R.Wade, it is pointed out that the Parliamentary Sovereignty has been already collapsed by a series of Factortame affairs decisions etc. However in accordance with our research, contrary to the judgment of the Court of Justice, member states (soon after 25)of EU have not transferred their state sovereignty itself, but only their competences composing it. Consequently, executive powers of member states have exercised these competences in common at community level and this essential character has led EU to democratic deficit ("executive dominance"). Even the Draft meaty establishing Constitution for Europe, which is now discussed at the Intergovernmental Conference, would not be able to change this character. In the human rights area, the Human Rights Act 1998 has established the way of incorporating the European Convention of Human Rights into U.K., but its excessive technical character has caused the controversial problems about distinction between interpretation and legislation in the case of R. v A.(No.2) (2002) and the Anti-Terrorism, Crime and Security Act 2001. During the last Decade, immigration and nationality law in U.K. has dramatically developed and Europeanized, and the Nationality, Immigration and Asylum Law 2002 has ensured this trend. Finally, in the area of security of labors, the development of the Public Interest Disclosure Act 1998 has strenghtened the protection of whistleblowers from suffering detriment in U.K. and this has influenced even Japan
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Research Products
(12 results)
