2006 Fiscal Year Final Research Report Summary
Constitutional Theory of Economic Freedom in the Post Welfare State Era.
| Project/Area Number |
17530020
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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 |
AIKYO Koji Nagoya University, Graduate School of Law, Professor, 大学院法学研究科, 教授 (10293490)
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| Project Period (FY) |
2005 – 2006
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| Keywords | economic freedom / anti-trust law / constitutional theory / deregulation policy / John Locke |
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| Research Abstract |
The aim of this research is to study economic rights in the post welfare state from the perspective of constitutional theory and legal philosophy, and reconsider the doctrine of Japanese constitutional scholars about economic rights rather critically.
According to this plan, I did some research and critical assessment on these topics below
1.libertarian theory or vindication of economic rights.
2.the theories of deliberative democracy and republicanism, which have some critical perspective on the protection of economic rights today.
3.the attempt to introduce the economic law theory into the interpretation the articles of economic rights of Japanese constitutional law. That attempt has some relationship with "neo-liberal" deregulation policy.
4.the idea and concept about economic rights in the political discourse of "Constitutional Reform".
On topic 1, I could show that constitutional lawyers in Japan have good reason to reject the libertarian concept of property. And I also found out that natural law theory of John Locke should not be understood as the justification for the libertarian property rights.
On topic 3, I studied the price regulation on the daily news paper in Japan. Some scholars say that this regulation should be abolished because of the anti-competition character, but I made it clear that news papers have important role in democratic society, so from the perspective of constitutional law, we could not say that competition is the most important value in that regulation.
Through my research, I could show that, even in the post welfare state era, economic rights could not be quasi absolute rights that libertarian hope it to be, and we need new conception of new democracy that could manage the problem of regulation and deregulation of economic freedom.
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Research Products
(12 results)
