2013 Fiscal Year Final Research Report
Multidimensional research concerning the legal problem of family-system under the principle of human dignity
| Project/Area Number |
23730035
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Public law
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| Research Institution | Shitennoji University (2012-2013)
Kinjo University (2011) |
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Principal Investigator |
HARUNA Maki 四天王寺大学, 経営学部, 講師 (20582505)
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| Project Period (FY) |
2011 – 2013
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| Keywords | 憲法 / 比較憲法 / EU人権法 / 家族法 |
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| Research Abstract |
What means family or parenthood ? There is no definitional provision in the Japanese Constitution, although those are the basic concept of one's status. Article 24 of the Japanese Constitution provides only the principle of individual's dignity and equality of both sexes and that it is necessary to concrete the legal system of family and parenthood by the statute law based on that constitutional principle.
When the cases concerning the constitutional problems of the parenthood are analyzed in details, the Japanese Supreme Court indicates that there is a great change of the common sense about the family-life in Japanese society. And considering the change in the international situations, the Supreme court decides the old-fashioned legal regulations as unconstituional. As the result, people can think of the family and parenthood as the private groupe which consists of the individuals as its members. This perspective comes from the comparative reseach with European Law, too.
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