2017 Fiscal Year Final Research Report
A Study of Comparative Constituional Law on Protecting Student's Right to Freedom of Religion and Administrative Law Analysis in Japan and Canada
| Project/Area Number |
15K16918
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Public law
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| Research Institution | Niigata 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 | 信教の自由 / カナダ / アメリカ / 多文化主義 / accommodation / 憲法 / 比較憲法 |
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| Outline of Final Research Achievements |
Generally, school boards have a lot of discretion in education. How children (students) can protect their right to freedom of religion against such discretion, that is a problem. In Japanese case law, it is not clear how Supreme Court of Japan enforces a right to freedom of religion in an administrative law review. It even looks like this. One of fundamental human rights which are provided by the Constitution of Japan can only be one of elements to be considered. In Canadian case law, it is clear a right to freedom of religion has enough power to limit discretion of state. There is still a problem how a court should balance constitutional values and other values. But there is no question the constitutional rights are enough powerful to limit administrative discretion. There are a lot of differences between Japan and Canada. But any court has responsibility to enforce constitutional values in any type of review. That should fit into Japan.
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| Free Research Field |
憲法学
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