2012 Fiscal Year Final Research Report
The Significance and Limits of Balancing in Constitutional Adjudication
| Project/Area Number |
22530029
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Public law
|
|---|
| Research Institution | Hitotsubashi University |
|---|
Principal Investigator |
|
|---|
| Project Period (FY) |
2010 – 2012
|
| Keywords | 憲法訴訟 / 憲法 / 利益衡量 / 違憲審査基準 / 比例原則 |
|---|
| Research Abstract |
In this study, we first demonstrate that the American principle of standards of scrutiny and German proportionality analysis involve very similar thought processes in that both incorporate the idea of rights as shields as their core and assess the extent of rights infringement and the relative necessity of such infringement for realizing governmental interests. Secondly, we show that this conception of rights as a shield should be complemented with one of rights as a trump card againstcertain kinds of justifications invoked by governments.
|
Research Products
(14 results)
