2012 Fiscal Year Final Research Report
A Study of the reality and the meaning of political constitutional interpretation
| Project/Area Number |
23730028
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Multi-year Fund |
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| Research Field |
Public law
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| Research Institution | Kagoshima University |
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Principal Investigator |
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| Project Period (FY) |
2011 – 2012
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| Keywords | 憲法解釈 / 政府見解 / 政府解釈 / 内閣法制局 / 司法省法律顧問局 / OLC / 署名声明 / 拷問メモ |
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| Research Abstract |
This research is a study of the reality and the meaning of political interpretation of Constitution in the United States and Japan. I demonstrate
(1) recent practice of “Signing Statements” in the United States and its political implication
(2) a reality of Office of Legal Counsel for the United States department of Justice, which assists executive interpretation of the Constitution, OLC’s recent effort to reform its procedure, and controversy over OLC’s normative function
(3) how should Cabinet Legislation Bureau interpret Japanese Constitution, and
(4) a structure of Governmental interpretation of the Constitution in Japan.
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