2017 Fiscal Year Final Research Report
Clinical constitutional research on the concretizing process of the constitution: concretization of the constitutional rights to existence.
| Project/Area Number |
15K03106
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Shizuoka University |
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Principal Investigator |
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| Project Period (FY) |
2015-04-01 – 2018-03-31
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| Keywords | 憲法 / 生存権 / 憲法の具体化 / 臨床憲法学 / 憲法適合的解釈 / 生活保護法 / 人権 |
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| Outline of Final Research Achievements |
This research aims to explore the concretizing process of the constitution, particularly concretization of the constitutional rights to existence, Japanese Constitution Art. 25, by the Clinical constitutional study.
The constitutional rights to existence are concretized through the legislative, administrative and judicial processes under the active involvement of parties (e.g. homeless peoples, poverty peoples), supporters and lawyers. Through the process of concretization of constitutional norms, constitutional norms are realized as concrete by individual laws and dispositions. Then the rights that are interpreted as being abstract rights become ultimately the concrete rights of individual citizens. Therefore, legislations have to be interpreted by the constitution-oriented-interpretation.
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| Free Research Field |
憲法学
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