2015 Fiscal Year Final Research Report
The comparative-law study of the constitutional interpretation right of the Executive
| Project/Area Number |
26780018
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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 | Komazawa University |
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Principal Investigator |
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| Project Period (FY) |
2014-04-01 – 2016-03-31
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| Keywords | 政府の憲法解釈 / 内閣法制局 / コンセイユ・デタ |
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| Outline of Final Research Achievements |
At first, to consider the constitutional basis of the constitutional interpretation right of the Executive in Japan, I examined the argument about the constitutional interpretation right of the Executive in France. The consideration about this point was insufficient and it wasn't possible to get suggestion to Japanese law.
Secondly, to consider the relation between the constitutional interpretation of the Executive and the constitutional interpretation of Cabinet Legislation Bureau in Japan, I made the system of the Council of State in France, Belgium and Luxembourg clear. In addition, I made clear that in France and Belgium the Executive isn’t bound to the constitutional interpretation of the Council of State and can do the constitutional interpretation by itself. By this viewpoint, it’s concluded that in Japan the Executive isn’t bound to the constitutional interpretation of the Cabinet Legislation Bureau and can do the constitutional interpretation by itself as well.
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| Free Research Field |
憲法
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