Research on legislative and administrative discretion in naturalization from a comparative constitutional law perspective

2017 Fiscal Year Final Research Report

• Project/Area Number: 15K16921
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Public law
• Research Institution: Dokkyo University (2017); Osaka University (2015-2016)
• Principal Investigator: Pedriza Luis 獨協大学, 法学部, 准教授 (60511988)
• Project Period (FY): 2015-04-01 – 2018-03-31
• Keywords: 帰化 / 比較憲法 / 国籍離脱の自由 / 制度的保障 / 外国人 / 基本権能力

Outline of Final Research Achievements

Following a comparative constitutional law approach, in this research I have assessed the constitutional range the institution of naturalization, a topic which had been neglected by most constitutional law scholars in Japan. By departing from the traditional perspective that naturalization is a matter to be completely decided upon on a legislative level, I postulated that the naturalization is an constitutional institution which core content cannot be encroached upon by the lawmaker.
On the other hand, I have succeeded in putting forward a new interpretation on the right to abandon one's nationality (Article 22.2 of the Constitution) as one granting those permanent foreign residents who have developed strong bonds with the Japanese nation a right to have access to Japanese nationality. As a result, I have showed to what extent legislative and administrative discretion are limited on deciding how to implement naturalization and how to conduct naturalization issues respectively.

Free Research Field

憲法