2011 Fiscal Year Final Research Report

Building a theory of constitutional rights on stigma

Research Project

Project/Area Number	21730020
Research Category	Grant-in-Aid for Young Scientists (B)
Allocation Type	Single-year Grants
Research Field	Public law
Research Institution	Tokyo Gakugei University
Principal Investigator	SAITO Kazuhisa 東京学芸大学, 教育学部, 准教授 (50360201)
Project Period (FY)	2009 – 2011
Keywords	憲法 / 人権 / 基本権 / スティグマ
Research Abstract	In the Federal Constitutional Court of Germany there are judgments taking stigma into consideration, especially on the stage of reviewing interventions "Eingriff" to constitutional rights. This is similar to the expressive Function of Law in American Constitutional Theory. But a range of its application is not clear. In Japan there is a possibility of building a theory of constitutional rights on stigma, particularly in the case of government information, national flag and anthem at public schools, being on welfare.