2011 Fiscal Year Final Research Report
Regulations on medical research and constitutional academic freedom
Project/Area Number |
20730028
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Research Category |
Grant-in-Aid for Young Scientists (B)
|
Allocation Type | Single-year Grants |
Research Field |
Public law
|
Research Institution | Kyoto Sangyo University |
Principal Investigator |
|
Project Period (FY) |
2008 – 2011
|
Keywords | 憲法 / 学問の自由 / 生命倫理 |
Research Abstract |
Constitutional standards of review for the laws restricting freedom of research ought to make a distinction between dangers arising from physical actions and from information of the research. While the legislation that requires the ethical review of a clinical research is a CONTENT BASED restriction and should be under strict constitutional scrutiny, it can pass the scrutiny because it is the narrowly tailored means to protect human subjects on condition that its standards and procedures would meet the scientific and academic integrity. We must consider both the limits of governmental regulations on research and the limits of autonomous regulations of academic associations.
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Research Products
(2 results)