2013 Fiscal Year Final Research Report
Why does the Constitution guarantee Rights?--the way to justify commercial speech--
| Project/Area Number |
24653009
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| Research Category |
Grant-in-Aid for Challenging Exploratory Research
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| Allocation Type | Single-year Grants |
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| Research Field |
Public law
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| Research Institution | Meiji University |
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Principal Investigator |
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| Project Period (FY) |
2012-04-01 – 2014-03-31
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| Keywords | コマーシャル・スピーチ / 営利的言論 / 人権の観念 |
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| Research Abstract |
Constitutional rights in proper sense are guaranteed for the benefit of rights-holders, not for the others who might get profits from the formers' exercise of the rights. The latter concept of constitutional rights is instrumental, and so it is not consistent with the nature of "human rights". But the Constitution can enumerate, or may be interpreted as enumerating, instrumental rights as well. This research has for its purpose to point out that the American theory of commercial speech relies on this instrumental concept. American free speech theory tends to focus on the receiver's right, by means of which it interprets free speech guarantee as an "institutional guarantee" rather than as an individual right.
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