The constitutional relation between the public and the private and public legitimacy : The comparative research of Germany and Japan
| Project/Area Number |
16530026
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Public law
|
|---|
| Research Institution | Ritsumeikan University |
|---|
Principal Investigator |
NAKAJIMA Shigeki Ritsumeikan University, College of Law, Professor (10107360)
|
|---|
| Project Period (FY) |
2004 – 2006
|
| Project Status |
Completed (Fiscal Year 2006)
|
| Budget Amount *help |
¥3,200,000 (Direct Cost: ¥3,200,000)
Fiscal Year 2006: ¥700,000 (Direct Cost: ¥700,000)
Fiscal Year 2005: ¥1,000,000 (Direct Cost: ¥1,000,000)
Fiscal Year 2004: ¥1,500,000 (Direct Cost: ¥1,500,000)
|
|---|
| Keywords | public legitimacy / public space / civil society / Habermas / constitution / state / political party / the public and the private / 法治国家原理 / 民主制原理 / 正統性 / 権限委任 / 行政補助 / ハーバーマス / 公私 / 「市民社会」(Zivilgesellschaft) / 公私間関係 / 正当性規準 / 討議原理 |
|---|
| Research Abstract |
Under the globalization in the post Cold War world, the notion that a state has sovereignty and develops its society on the basis of the laws enacted by Parliament, has increasingly become outdated. And the fusion of the state and economy under the globalization, the nature of a nation has greatly changed. The boundaries between a "state" and "economy", a "state" and a "society", and the "public" and the "private" have become more uncertain. Therefore, it has become important to decide, among many important public duties, what the nation's duties are, and what can be left to the private organizations or to the individuals' self-determination. It goes without saying that, under the present constitution, this is essentially the problem of the democratic decision by the legislators. However, in the first place, what are the legislators' grounds for the justification of their decisions about such a problem? And, how and to what extent can the constitution regulate private organizations and individuals?
This research paper takes into account the arguments on the "legitimacy" and the "public sphere" in Germany and Japan. Then the paper aims to examine, from the viewpoint of national public legitimacy, the constitutional admissibility of the state subsidy to the political party which can be located on the border between a state and a society.
|
Report
(4 results)
Research Products
(14 results)
-
-
-
-
-
[Journal Article] 憲法裁判所2005
Author(s)
中島 茂樹
-
Journal Title
全国憲法研究会編『憲法改正』(法律時報臨時増刊)
Pages: 176-179
Description
「研究成果報告書概要(和文)」より
Related Report
-
-
[Journal Article] The Constitutional Court.2005
Author(s)
Shigeki NAKAJIMA
-
Journal Title
Japan Association for Studies of Constitutional Law(ed.), Constitutional amendment, Nihonhyoronsha
Pages: 176-179
Description
「研究成果報告書概要(欧文)」より
Related Report
-
-
-
-
-
-
-
