2014 Fiscal Year Final Research Report
A Theory of Judicial Review of the Equality Rights
| Project/Area Number |
25780018
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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 | Teikyo University |
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Principal Investigator |
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| Project Period (FY) |
2013-04-01 – 2015-03-31
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| Keywords | 平等権 / 違憲審査 / カナダ憲法 |
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| Outline of Final Research Achievements |
This research project explored judicial review of equality rights under the Japanese constitution. The method taken in this project was to refer to the discourse in Canada as to how the Canadian Courts determine the infringement of one's equality rights. In Canada, the Courts examine whether the distinction at issue is based on an enumerated or analogous ground, and also whether the distinction amounts to disadvantage. Such approaches look into one's circumstance so that they provide the better view for finding discrimination. In this project, I therefore concluded that we could learn something from Canada in light of how Canada deals with discrimination.
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| Free Research Field |
憲法
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