2014 Fiscal Year Final Research Report
Basic Study on the Dialogue between the Supreme Court and Political Branches.
Project/Area Number |
24530017
|
Research Category |
Grant-in-Aid for Scientific Research (C)
|
Allocation Type | Multi-year Fund |
Section | 一般 |
Research Field |
Public law
|
Research Institution | Hokkaido University |
Principal Investigator |
|
Project Period (FY) |
2012-04-01 – 2015-03-31
|
Keywords | 対話 / 対話理論 / 対話的違憲審査 / 対話的違憲審査の理論 / カナダ憲法 / 日本国憲法 |
Outline of Final Research Achievements |
In Canada, constitutional dialogues between the Supreme Court of Canada and the Parliament are widely recognized especially when statutes are held unconstitutional by the Supreme Court of Canada. The protection of constitutional human rights can be achieved not through the constitutional review by the Supreme Court of Canada alone, but through the constitutional dialogues between the Supreme Court of Canada and the Parliament. It is demonstrated that the similar constitutional dialogues between the Supreme Court of Japan and the Diet are common in Japan. The protection of human rights and constitutional norms can be attained through the constitutional dialogues between the Supreme Court of Japan and the Diet as well in Japan.
|
Free Research Field |
社会科学
|