Sources of Law and Legal Process in Modern U.S.: Statutory Interpretation and Common Law.

2017 Fiscal Year Final Research Report

• Project/Area Number: 15K03073
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Fundamental law
• Research Institution: Hokkaido University
• Principal Investigator: AIZAWA Hisashi 北海道大学, 大学院法学研究科, 教授 (70322782)
• Co-Investigator(Kenkyū-buntansha): 椎名 智彦 青森中央学院大学, 経営法学部, 准教授 (00438441)
• Project Period (FY): 2015-04-01 – 2018-03-31
• Keywords: アメリカ法 / 法過程 / リーガル・プロセス学派 / 司法積極主義 / 政策形成 / 司法審査 / 制度的適性

Outline of Final Research Achievements

The process-based concept of law conceptualizes law as chain of interactions among institutions and distributes law making power according to each institutional competence. It was brought by the Legal Process School and has become established as frame of mind of lawyers and legal scholars in contemporary America. In that framework, legislature enjoys deference to its decision as primary institution of policymaking, but its vulnerability to interest politics sometimes produces distortion and bias in adopted rules. The role of judiciary is maintenance of process of continuing open deliberation; it is understood as an effort to pursue possible legal discourse in the context of fractured substantive values.

Free Research Field

比較法・英米法