2015 Fiscal Year Final Research Report
Constitutional study of the principles and the policies of Environmental Law and Catastrophic Law: Theories of Human Right and State
| Project/Area Number |
25870297
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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
New fields of law
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| Research Institution | Daito Bunka University (2015)
Shizuoka University (2013-2014) |
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Principal Investigator |
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| Project Period (FY) |
2013-04-01 – 2016-03-31
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| Keywords | 憲法と環境法 / 憲法と防災法 / 比例原則 / リスク事前配慮原則（いわゆる予防原則） / 原因者負担原則 / 協働原則 / 人格権と環境権 / ドイツ法 |
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| Outline of Final Research Achievements |
The purposes of this study are to establish principles and policies of Environmental Law and Catastrophic Law, and to find suggestions for the policy. To realize that, from the viewpoint of constitutional theories in Japan and Germany, this study sought the basis and the application based on the theories of Human Right and State.
Especially as objects of this study, it was scrutinized whether tree principles of Environmental Law (I Precautionary Principle, II Polluter Pay Principle, III Principle of Cooperation) are suitable as legal principles. This study gave reasons for I and II, but criticized III. It analyzed whether it is possible to apply the principles of Environmental Law to Catastrophic Law, and tried to build new principles of Catastrophic Law.
Then based on those principles and constitutional Principle of Proportionality etc., this study inquired the concrete policies, e. g. risk steering, clarification of responsibility and prioritization of choices of instruments etc.
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| Free Research Field |
憲法学、環境法学
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