2013 Fiscal Year Final Research Report
New interpretation of the rights concerned to criminal process in the Japanese Constitutional Law in the base on the "respect for the individuals"
| Project/Area Number |
23530041
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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 | Tokai University |
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Principal Investigator |
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| Project Period (FY) |
2011 – 2013
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| Keywords | 個人の尊重 / 人間の尊厳 / 刑事手続上の権利 |
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| Research Abstract |
This research aims at the new interpretation of the rights concerned to criminal process in the Japanese Constitutional Law by the means of actualizing the basic concept "respect for the individuals". I have indicated first the profound comprehension of "respect of the individuals" in comparison with the "human dignity" in the German Constitutional Law. Then I have studied the situation in Germany, in which the permissable limits of the secret supervisions and criminal investigations are judged from the general personal rights and the "human dignity" in order to demonstrate how to make use of "respect for the individuals" in the interpretation of the rights against criminal investigations such as aricle 35 in the Japanese Constitutional Law.
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