The Rise of the Concept of Constitutional Rights Applying Only to the Government

2017 Fiscal Year Final Research Report

• Project/Area Number: 15K16926
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Public law
• Research Institution: Sojo University
• Principal Investigator: Shimizu Jun 崇城大学, 総合教育センター, 准教授 (40611455)
• Project Period (FY): 2015-04-01 – 2018-03-31
• Keywords: アメリカ憲法史 / コモン・ロー / ステイト・アクション / 私人間効力

Outline of Final Research Achievements

From the founding era to the end of the nineteenth century, the constitutional rights and the common law rights were identical. The Common law protects personal liberty, personal security, and private property against both the governmental and private invasion. The Constitution of the United States and American states constitutions were originally considered to protect such common law liberties. In the twentieth century, the constitutional rights deviated from the common law rights. At that time, the question of applying constitutional rights to private conduct first appeared.

Free Research Field

憲法史