2013 Fiscal Year Final Research Report
Occupation and Cosntitutions: Latin American Countries, Pacific Countries and Japan
| Project/Area Number |
23530036
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Surugadai University |
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Principal Investigator |
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| Project Period (FY) |
2011 – 2013
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| Keywords | 日本国憲法 / 合衆国憲法 / 権利章典 / フィリピン憲法 / プエルトリコ憲法 / 比較憲法 / 司法審査制 / 憲法判例 |
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| Research Abstract |
The United States since its inception expanded westward, enlarging its borders several times. After the American-Spanish War the United States occupied the Caribbean and Pacific islands which had belonged to the Spanish Empire, and its Congress enacted for these territories organic acts that stipulated the establishment of island government and the bill of rights.
It is well kwown that the Japanese Cosntitution of 1946 was based on McArthur's constitution which was drafted by the staff of the government section of GHQ. They shared the knowledge of the priciples and doctrines of the US Consitution and the organic acts of the island colonies. A great amount of study on the drafting process of the Constitution of Japan has been made. I made a further investigation into adaptational process in which US transformed constitutional principles in the occupied territories and compared the consitutional policy in those islands with the drafting process by GHQ of the Consitutionn of Japan.
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