2013 Fiscal Year Final Research Report
Reconstruction of the manner of auging constitutional right
| Project/Area Number |
21530035
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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 | Hitotsubashi University (2010-2013)
Kyushu University (2009) |
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Principal Investigator |
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| Project Period (FY) |
2009-04-01 – 2014-03-31
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| Keywords | 三段階審査 / 比例原則 / 平等原則 / 政教分離原則 / 客観法適合性審査 / 立法者による制度形成の審査 / 行政裁量審査と憲法 / 審査密度 |
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| Research Abstract |
This study,aiming to revitalize constituinal litigation in Japan,tried to analyze immanently and restructure legal theories in judicial precedents involving judicial reviews for constitionality.The study proposed a three-step review based on procedures for areas to be protected,restrictions and justification in connection with the right to defense,a two-step review comprising separate handling and its justification in regard to the principle of equality,and also a two-step review comprising the relationship between the state and religions and its justification with respect to the principle of separation of government and religion. Furthermore,in terms of constitutinal rights whose realization depends on institution-building by legislators,the study explored methds to control legilators`discretion in institition-building while acknowledging such discretion.The study results have already been partially accepted by the courts.
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Research Products
(22 results)
