2006 Fiscal Year Final Research Report Summary
CONSTITUTIONAL STUDIES ON PROCESS ELECTING CANDIDATES IN THE MODERN PARTY STATE
| Project/Area Number |
17530019
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | NAGOYA UNIVERSITY |
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Principal Investigator |
MOTO Hidenori Nagoya University, GRADUATE SCHOOL OF LAW, PROFESSOR, 大学院法学研究科, 教授 (00252213)
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| Project Period (FY) |
2005 – 2006
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| Keywords | PUBLIC LAW / PARTY STATE / DEMOCRACY IN PARTIES / PROCESS OF ELECTION / PROCEDURE ELECTING CANDIDATES / DEMOCRACY / PUBLIC SPHERE / CONSTITUTIONAL LAW |
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| Research Abstract |
DURING 2 YEARS OF THE RESARCH TERM, I HAVE STUDIED ABOUT RESARCH THEME REFERING TO GERMAN CONSTITUTIONAL CASES AND THEORY MAINLY. IN THIS PROCESS, I PAID ATTENTION TO FOLLOWING POINTS: (A) COMPERATIVE STUDIES ON CONSTITUTIONAL STATUS OF POLITICAL PARTIES; (B) REVIEW OF CONSTITUTIONAL THEORY ON DEMOCRACY; AND (C) PARTY DEMOCRACY BASED ON CIVIC PUBLIC SPHERE, ETC. AFTER STUDING AND WRITING ARTICLES ABOUT THESE POINTS (CF. "11. REFERENCES"), I WORKED ON THE MAIN THEME OF THE RESEARCH "CONSTITUTIONAL STUDIES ON PROCESS ELECTING CANDIDATES'.
AS THE RESULT OF THESE STUDIES, I HAVE FOUND OUT FOLLOWING TWO IMPORTANT POINTS : (1) IT IS NECESSARY FOR ANALYZING THE LEGAL CONTROL SYSTEM OVER THE PROCESS ELECTING CANDIDATES THAT WE SHOULD DISTINGUISH COMMON FACTORS FOR PARTY DEMOCRACY COUNTRIES AND PROPER FACTORS FOR GERMANY ; (2) MORE CONCRETELY, ON ONE HAND, AS A PROPER FOCTOR FOR GERMANY THERE IS CONSTITUTIONAL AND LEGAL CONTROL OVER POLITICAL PARTIES BASED ON GERMAN HISTORICAL BACKGROUND, ON THE OTHER HAND, AS A COMMON FACTOR FOR DEMOCRATIC COUNTRIES, THERE MAY BE LEGAL CONTROL OVER ELECTION PROCESS AS ITSELF 'PUBLIC' WITHOUT SPECIFIC HISTORICAL BACKGROUND. THUS I WILL GO NEXT STAGE TO REVIEW JAPANESE WAY OF APPROACH TO MIXED FIELD OF ELECTION PROCESS AND PROCEDUER WITHIN POLITICAL PARTIES FROM VIEW OF PROCEDURE WITHIN PARTIES, AUTONOMY OF PARTIES, FREEDOM OF ASSOCIATION, AND TO BUILD UP THEORETICAL FRAMEWORK DEMOCRATIZING ELECTION PROCESS, REFERING TO GERMAN WAY OF APPROACH FROM VIEW OF ELECTION LAW.
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Research Products
(6 results)
