2012 Fiscal Year Final Research Report
How does the rise of constitutionalism change the constitutional theory?
| Project/Area Number |
22530031
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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 | Nagoya University |
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Principal Investigator |
AIKYO Koji 名古屋大学, 法学研究科, 教授 (10293490)
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| Project Period (FY) |
2010 – 2012
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| Keywords | 憲法 / 憲法理論 / 立憲主義 |
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| Research Abstract |
The Main Question of this research is “How does the rise of constitutionalism change the constitutional theory?”. For answering this question, I choose to study the trend of UK constitutional theory after “Constitutional Reform” and found that, at least in UK, the rise of constitutionalism have changed the discourse of constitutional theory much more normative one. It is especially interesting that some scholars who belong to the “Political Constitution” School, which used to reject the normative view about constitution, began to adapt the normative view. So we could say that the rise of constitutionalism encourages the interaction and corporation between constitutional theory and political philosophy. Also I studied Japanese constitutional theory form the same point of view, and found that the theoretical shift from “Constitutional Theory as Social Science” to “Constitutional Theory as Political (Legal) Philosophy” could be also explained by the rise of constitutionalism. Based on this finding, I made little bit critical assessment about the important constitutional theories in Japan.
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[Presentation] 愛敬浩二2010
Author(s)
憲法学と歴史研究
Organizer
日本公法学会第73回研究総会
Place of Presentation
上智大学
Year and Date
2010-10-09
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