2006 Fiscal Year Final Research Report Summary
Reconstruction of image of lawyer toward powerful judicial power
| Project/Area Number |
16530015
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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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 | Tohoku University |
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Principal Investigator |
YAMAMOTO Hajime Tohoku University, Graduate School of Law, Professor (10222382)
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| Project Period (FY) |
2004 – 2006
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| Keywords | France / Judicial Power / Justice / Labor Union / Globalization / Lawyer / Judges / Constitutional Law |
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| Research Abstract |
In France, jurisdictional power is a theoretical concept, not a institutional reality. Therefore, they have much possibility to discuss on it The most important difference between Japan and France is that it exists active labor unions only in France. It is generally admitted in France that judges express their opinion about issues concerning their professional interests. Traditionally, politicians interfered with personnel matters of judges from the 18th Century. So, labor unions has been a counter balancer to such political interference. Not only in Japan but also in France, jurisdictional power and judicial power face many similar problems. For example, increasing of demands from civil society, danger of hypertrophisation of administrative power demands of protection of victims and their remedies. In France, under the circumstances of the globalization and European integration, French jurisdictional power is becoming more and more active in playing a role to assume various social needs, with developing a mutual cooperative relationship. Japan must learn from practices of European countries, such as France to overcome the dogma of homogeneity of judges, which is profound in our mentality. We have to conceive a image of judge with rich character and high professional quality to weaken bureaucratic control of judges.
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