2016 Fiscal Year Final Research Report
A Study of Semiprocedural review as The Way to Control Legislative Discretion
| Project/Area Number |
15H06710
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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 | Asahi 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 / 立法裁量 / 司法審査 / 憲法訴訟 / 準手続審査 |
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| Outline of Final Research Achievements |
This research aims to develop a discussion on "Semiprocedural-review" from the viewpoint of building a new approach to the issue of judicial control by the court against legislative discretion that is executable by the court and contributes to human rights protection. In the first year, I examined the "Legislative Supremacy" pointed out as a problem of the Semiprocedural-review. It suggests that the concept of respecting equal institutions, traditionally derived from the principle of separation of power, is compatible with Semiprocedural-review. In the next year, I examined the issue of "Self Purification of Congress" in the case of showing deference to Congress in light of the actual state of legislative process of Congress, and it suggests that the self-purification mechanism of Congress is not functioning in reality.
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| Free Research Field |
憲法学
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