2016 Fiscal Year Final Research Report
On the Interpretation of the Principle of Equality in Constitutional Law : Toward the Rectification of Discrimination arising from Social Structure
| Project/Area Number |
15H06624
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| Research Category |
Grant-in-Aid for Research Activity Start-up
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| Allocation Type | Single-year Grants |
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| Research Field |
Public law
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| Research Institution | Teikyo University |
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Principal Investigator |
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| Project Period (FY) |
2015-08-28 – 2017-03-31
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| Keywords | 公法学 / 憲法学 / 比較憲法学 / 社会構造上の差別 / 平等原則 / 私的自治 |
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| Outline of Final Research Achievements |
This research aimed to reconstruct theory of interpretation of the principle of equality in constitutional law, focusing on the way of rectification of discrimination arising from social structure. The method taken in this research was to refer to the discourse in the USA and Canada. At first, clarifying the significance and problems of legal theories which recognize the rectification of discrimination arising from social structure as constitutional responsibility, this research exhibited a theoretical framework which is designed to be more acceptable to constitutional theories in Japan.
Furthermore, to consider the way of regulation on private discrimination which is one type of discrimination arising from social structure, this research could obtain insight that it may be useful to understand the function of the principle of constitutional equality in private law systems, in terms of elimination of market monopoly and maintainance of publicness in social spaces.
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| Free Research Field |
憲法学
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