2014 Fiscal Year Final Research Report
A Comparative Study on Judicial Review Standards
| Project/Area Number |
24530040
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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 | Kansai University |
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Principal Investigator |
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| Co-Investigator(Renkei-kenkyūsha) |
TSUKADA Noriyuki 神戸学院大学, 法学部, 教授 (00283383)
OONO Tomoya 鹿児島大学, 法文学部, 准教授 (70468065)
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| Project Period (FY) |
2012-04-01 – 2015-03-31
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| Keywords | 司法審査 / 基本的人権 / 違憲審査 / 裁判所 / アメリカ合衆国 |
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| Outline of Final Research Achievements |
We have translated STEVEN BREYER, MAKING OUR DEMOCRACY WORK: A JUDGE’S VIEW, which is to be published soon. The book has provided useful insight about the history and the current situation of American judicial review. Based upon the knowledge that has been acquired from the book, we have conducted research and published the articles on the history of the strict scrutiny and the current Supreme Court decisions about Equal Protection of sexual minorities. We have also examined the Japanese courts‘ constitutional judgments and found, although there have been some progress, most Japanese cases still lack well developed reasoning about their constitutional decision-making. In order to find the appropriate reasoning process, we have found it vital to compare the American-style judicial review standards and the proportionality principle, which is commonly used as an adjudicative principle in many European constitutional courts.
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| Free Research Field |
公法学
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