2015 Fiscal Year Final Research Report
General Comparative Study on Constitutional Criteria about Legitimate State Intervention for the sake of Risk Management
| Project/Area Number |
25380047
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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 | Waseda University |
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Principal Investigator |
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| Project Period (FY) |
2013-04-01 – 2016-03-31
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| Keywords | 比例原則 / 違憲性審査基準 / リスク社会 / リスク管理的活動 / 法治国家 / 平等 / 社会的排除 / 人権保障 |
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| Outline of Final Research Achievements |
It is the purpose of this research to differentiate between constitutionally permissible intervention and impermissible ones within the area of state's activities dealing with tasks of risk management.
State's risk managing activities and human rights guarantee stand partly in relationship of mutual dependency, partly in a severe tension. In the latter case, there should be a judicial mechanism through which governmental value judgment regarding suitability of certain legislative goals and governmental fact-relating assessment about efficiency of certain measure can be scrutinized separately and interaction between legislature and judiciary can be put in action.
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| Free Research Field |
公法学
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