2006 Fiscal Year Final Research Report Summary
COMPARATIVE CONSTITUTIONAL STUDIES ON CIVIC SAFETY BUILDING
| Project/Area Number |
16330007
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | NAGOYA UNIVERSITY |
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Principal Investigator |
MORI Hideki Nagoya University, EMERITUS PROFESSOR, 名誉教授 (60022422)
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| Co-Investigator(Kenkyū-buntansha) |
URABE Noriho Nagoya University, GRADUATE SCHOOL OF LAW, PROFESSOR, 大学院法学研究科, 教授 (90009811)
MOTO Hidenori Nagoya University, GRADUATE SCHOOL OF LAW, PROFESSOR, 大学院法学研究科, 教授 (00252213)
AIKYO Koji Nagoya University, GRADUATE SCHOOL OF LAW, PROFESSOR, 大学院法学研究科, 教授 (10293490)
OZAWA Ryuichi THE JIKEI UNIVERISTY, SCHOOL OF MEDICINE, PROFESSOR, 医学科, 教授 (60224226)
TSUKADA Noriyuki KOBE GAKUIN UNIVERSITY, SCHOOL OF LAW, ASSOCIATE PROFESSOR, 法学部, 助教授 (00283383)
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| Project Period (FY) |
2004 – 2006
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| Keywords | SAFETY / SECURITY / PACIFISM / SOCIAL SECURITY / HUMAN SECURITY / CRISIS MANAGEMENT / POLICE STATE / PUBLIC ORDER ACT |
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| Research Abstract |
DURING THE STUDY PERIOD (3 YEARS), RESEARCH MEETING HAS BEEN HELD EACH YEAR TWO TIMES, TOTALLY SIX TIMES, WHICH RAN TWO DAYS WITH OVERNIGHT STAY. EVERY INVESTIGATOR HAS MADE A RESEARCH PRESENTATION, AND ALL PARTICIPANTS COMMENTED THEM AND DISCUSSED. AS A RESULT, WE FIND OUT FOLLOWING FOUR IMPORTANT POINTS.
(1) WE CAN SEE COMMON TENDENCY AMONG THE INVESTIGATED COUNTRIES THAT RECENTLY STATE POWERS INTERVENE IN THE CIVIL SOCIETY AND RESTRAIN CIVIL LIBERTIES GUARANTEED FOR A LONG TIME IN TERMS OF 'SECURITY' BUILDING.
(2) NEVERTHELESS EACH COUNTRY GOES ON SOMEHOW DIFFERENT WAY IN DEVELOPING LAW OF 'SECURITY' BUILDING, BECAUSE IT HAS OWN PROPER HISTORICAL AND CULTURAL BACKGROUND.
(3) FOR INSTANCE, WHILE IN USA THERE IS SO BIG CONVERSION THAT FRAME OF CONSTITUTIONALISM HAS BEEN CHANGING ESPECIALLY UNDER THE INFLUENCE OF THE 'TERROR ATTACK OF 9.11', IN UK ANTI-TERRORISM LAW HAS NOT BEEN CHANGED IN PRINCIPLE, BECAUSE IT HAD ALREADY MADE UP LAW AGAINST IRA; ALSO GERMANY, WHICH TAKES SYSTEM OF 'FIGHTING DEMOCRACY (STREITBARE DEMOKRATIE)', BALANCES FREEDOM AND SECURITY UNDER PREVIOUS LAW SYSTEM.
(4) BASED ON ABOVE GENERAL THEORY, THE RESEARCH MEETING DEALT WITH FOLLOWING THEMES: DILEMMA BETWEEN 'SECURITY' BUILDING AND CIVIL LIBERTIES, REBIRTH OF FAMILY AND COMMUNITY AS A PLACE OF 'SECURITY' BUILDING, CHANGE OF CONCEPT OF SECURITY UNDER THE GLOBAL TRANSFORMATION ETC.
INVESTIGATORS HAVE WRITTEN RESEARCH ARTICLES ON THEMES STUDIED IN 3 YEARS AND PUBLISHED THEM (CF. "11. REFERENCES"). THE HEAD INVESTIGATOR WILL EDIT A RESEARCH BOOK GATHERING THESE ARTICLES INTO 5 CHAPTERS (1. GENERAL THEORY, 2. CONSTITUTIONAL THEORY ON 'SECURITY', 3. COMPARATIVE CONSTITUTIONAL STUDIES ON 'SECURITY', 4. LEGAL THEORIES ON 'SECURITY', 5. PERSPECTIVE OF CIVIC SAFETY BUILDING) AND PUBLISH IT.
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