2015 Fiscal Year Final Research Report
A study for constitutional problems which the scrutiny "Judging-process-review" involves
| Project/Area Number |
26885094
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| Research Category |
Grant-in-Aid for Research Activity Start-up
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| Allocation Type | Single-year Grants |
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| Research Field |
Public law
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| Research Institution | Waseda University |
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Principal Investigator |
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| Project Period (FY) |
2014-08-29 – 2016-03-31
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| Keywords | 判断過程統制 / 立法裁量 / 違憲審査 / 憲法訴訟 |
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| Outline of Final Research Achievements |
This research aimed to clarify the influence which the so-called "Judging-Process-Review"(JPR) of legislative discretion had upon the constitutional theory. First, according to the JPR, not substantive contradiction between the Constitutional law and statutes, but the "procedural" factor -whether the Congress made effort or not- during legislation is relevant in judicial review. Second, the "Vertretbarkeitskontrolle" in the jurisprudence of The Federal Constitutional Court of Germany, which some scholar says the JPR is similar to, is used with the substantive scrutiny (the principle of proportionality). Finally, adopting JPR approach will make us reconsider the concepts "unconstitutionality", "right", and "discretion"- For example, does the effort of the Congress justify substantive contradiction between the Constitutional law and statutes? Can we think the effort of the Congress as the justification of infringements on rights under the concept "right"?
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| Free Research Field |
公法学
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