2011 Fiscal Year Final Research Report
American and Continental European Ways of Legal Thinking on Constitutional Adjudication
| Project/Area Number |
21653002
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| Research Category |
Grant-in-Aid for Challenging Exploratory Research
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| Allocation Type | Single-year Grants |
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| Research Field |
Public law
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| Research Institution | Meiji University |
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Principal Investigator |
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| Project Period (FY) |
2009 – 2011
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| Keywords | 違憲審査 / 審査方法 / 審査基準 / 比例原則 / 利益衡量 |
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| Research Abstract |
Constructing a framework appropriate for analyzing, understanding, and eventually critiquing the decisions of the Japanese Supreme Court, through integration and conciliation of the American and German ways of constitutional scrutiny, as follows : concerning the rights which have the constitutionally predefined contents the scrutiny proceeds in two steps ; in the first step the limitation of right is ascertained with the help of German concepts of "Rechtsbereich" and "Eingriff", and in the second step the limitation is to be justified in accordance with the American way of scrutiny reformulated as" ordinary scrutiny".
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