2016 Fiscal Year Final Research Report
Historical foundations of "strict scrutiny" in the United States: In focus on free speech jurisprudence in the Warren Court Era
| Project/Area Number |
26380053
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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 | Kobe Gakuin University |
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Principal Investigator |
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| Project Period (FY) |
2014-04-01 – 2017-03-31
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| Keywords | 厳格審査 / 違憲審査基準 / 表現の自由 / 信教の自由 / 平等保護 |
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| Outline of Final Research Achievements |
In taking up the study of historical making process of "strict scrutiny" in judicial review in the United States, I researched decision making process inside the U.S. Supreme Court in historical and social perspectives.
In that process, the element of "strict scrutiny" test first appeared in free speech cases in the early 1960s, and in the mid 1960s that test came to be used in contexts of religious liberty and equal protection of law. In the late 1960s, the Supreme Court retreated from the protection of the civil rights movement, and this attitude affected the making of dichotomy of content regulation and content-neutral regulation in 1970s.
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| Free Research Field |
憲法学
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