2010 Fiscal Year Final Research Report
Reconsideration of the Dilemma of the Democratic Judiciary based on the Republican Constitutional Theory of Deliberative Democracy
| Project/Area Number |
21730026
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Public law
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| Research Institution | Shinshu University |
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Principal Investigator |
YANASE Noboru Komazawa University, 法学部, 准教授 (90432179)
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| Project Period (FY) |
2009 – 2010
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| Keywords | 憲法学 / 共和主義的憲法理論 / 討議民主主義理論 / 司法権 / 裁判員制度 / 民主的司法のディレンマ / 弾劾制度 |
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| Research Abstract |
In this research project, I try to reconsider why a court has a judicial power whereas it does not have democratic legitimacy directly. Saiban-in (lay judge) system has started, but its meaning is now in discussion. The reason a court having less democratic legitimacy than a legislature and an executive has its judicial power under the Constitution declaring the sovereignty of the people is still an open question. I reconsidered this problem based on the republican constitutional theory of deliberative democracy.
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