2011 Fiscal Year Final Research Report
Legal Structure of the Environmental State as the Rechtsstaat
| Project/Area Number |
21530029
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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 | Osaka University |
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Principal Investigator |
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| Project Period (FY) |
2009 – 2011
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| Keywords | 環境国家 / 法治国家 / 事前配慮国家 / 保証国家 / 予防原則 |
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| Research Abstract |
So as to solve the environmental problems, the modern state as the environmental state, which understands the environmental protectiton of the society as his raison d' etre, is obliged to intervene precautionarily in the society, but also to collaborate with the society. It must dispose of the problems, with two legal strategies of the Konkretisierung and the Prozeduralisierung, carrying the dilemma between freedom and regulation.
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