Study of Living Constitution in the United States from a Viewpoint of Common Law

2014 Fiscal Year Final Research Report

• Project/Area Number: 25780019
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Public law
• Research Institution: Tokai University
• Principal Investigator: OOE Ippei 東海大学, 総合教育センター, 准教授 (20509624)
• Project Period (FY): 2013-04-01 – 2015-03-31
• Keywords: 生ける憲法 / 成文憲法 / 不文憲法 / 原意主義 / コモン・ロー

Outline of Final Research Achievements

In this project, I studied the significances of living constitution in the United States from a viewpoint of common law. I concluded that (a) Supreme Court cases, congressional statutes and presidential precedents should be taken into account for the full understanding of the formation of living constitution, that (b) written constitution and living constitution are mutually supplementary, and that (c) judges should reconcile living constitution with written constitution by judicial review.

Free Research Field

憲法学