2015 Fiscal Year Final Research Report
Study on constitutional justification of the labor offer duty of the nation
| Project/Area Number |
25380032
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | Kanazawa University |
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Principal Investigator |
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| Project Period (FY) |
2013-04-01 – 2016-03-31
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| Keywords | 意に反する苦役 / 裁判員制度 |
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| Outline of Final Research Achievements |
This study clarified the model contents of the constitution Article 18 "prohibition of Involuntary servitude" through analyzing an internal and external constitution theory, principle of law to justify the labor offer duty of the nation. In other words,(1) the Supreme Court precedent does not yet come in theses by clear model content about article 18. (2) the wide theory about article 18 was unreasonableness and the narrow theory is correct that understand a labor offer with the pain that followed a penalty only when it was against an article 18 only to impose that duty
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| Free Research Field |
公法学
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