2017 Fiscal Year Final Research Report
Basic study on the functions of lower courts and citizens in the ongoing constitutional dialogue.
| Project/Area Number |
15K03098
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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 | Hokkaido University |
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Principal Investigator |
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| Project Period (FY) |
2015-04-01 – 2018-03-31
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| Keywords | 対話 / 対話理論 / 憲法的対話 / 継続的対話 / 対話的違憲審査 / カナダ憲法 / 日本国憲法 |
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| Outline of Final Research Achievements |
The protection of human rights and constitutional norms cannot be accomplished only by the Supreme Court rulings that the statute in question is unconstitutional. Ongoing constitutional dialogue or interaction between the Supreme Court and the political branches is indispensable for the constitutional protection.
In ongoing constitutional dialogue, lower courts judgments that the statute in question is unconstitutional and citizens’ consciousness of human rights and constitutional norms have strong influence on the Supreme Court’s judgments on the constitutional issues. In that sense, the functions of lower courts and citizens are significant in ongoing constitutional dialogue for the protection of human rights and constitutional norms.
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| Free Research Field |
憲法
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