Constitutional Review in West Europe in Comparative Law
Project/Area Number |
04620014
|
Research Category |
Grant-in-Aid for General Scientific Research (C)
|
Allocation Type | Single-year Grants |
Research Field |
Public law
|
Research Institution | OITA UNIVERSITY |
Principal Investigator |
NAGATA Hideki Oita University, Faculty of Economics, Professor, 経済学部, 教授 (60136778)
|
Project Period (FY) |
1992 – 1994
|
Project Status |
Completed (Fiscal Year 1994)
|
Budget Amount *help |
¥1,700,000 (Direct Cost: ¥1,700,000)
Fiscal Year 1994: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 1993: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 1992: ¥700,000 (Direct Cost: ¥700,000)
|
Keywords | Constitutional Review / Concentrated System / Diffuse System / Mixed System / Constitutional Court / イタリア憲法裁判所 / 合憲解釈 / 集中型違憲審査制 / 適用違憲 / 最高裁判所 / 憲法裁判 / 混成型違憲審査制 |
Research Abstract |
In Europe most countries adopted concentrated systems or mixed systems when they decided to introduce constitutional review after the collapse of dictatorship. Few European countries have diffuse systems of the judicial review. The aim of this research is to analyze ways of the election of the judges of the constitutional courts, and status of the judges, independency of the constitutional courts, character as a court or/and character as a constitutional organ, organisation, major competences, minor competences, proceedings, conference, ways of the decision, dissenting opinion, effects and executions of the judgment and role of the courts in the political process. This reserch makes clear the assimilations and the differences of all the constitutional review systems in West Europe. As a result of this study we can conclude that Japan should have better adopted a concentrated system than the diffuse system that we introduced from USA after the World War II.
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Report
(4 results)
Research Products
(12 results)