2012 Fiscal Year Final Research Report
Comparative and General Research on the Legal Doctrines Conditioning Fundamental Rights Restriction on "Security"-Purpose
| Project/Area Number |
21530039
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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 | Waseda University |
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Principal Investigator |
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| Project Period (FY) |
2009 – 2012
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| Keywords | 比例原則 / 法治国家 / 対テロリズム規制 |
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| Research Abstract |
This research has aimed at specifying legal doctrines and criterion that serve as defining constitutionally justified restriction on fundamental rights of citizens, especially for the purpose of guaranteeing “security” of civil life. As its results, proportionality principle represents as leading mechanism for constitutional scrutiny if this principle is practiced not as mechanism of value-comparison, but chiefly as mechanism of checking legislative assessment of purpose-effect relationship. Proportionality principle is, therefore, only effective when it is used simultaneously with criterion limiting legitimate legislative purpose. Theories trying to establish “absolute rules” defining illegitimate purpose are only pragmatically suitable in this context, because none of them can function really “absolute”.
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