Constitutional theory of "Leglity" in the state of emergency

2015 Fiscal Year Final Research Report

• Project/Area Number: 25380034
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Public law
• Research Institution: Nagoya University
• Principal Investigator: Aikyo Koji 名古屋大学, 法学(政治学)研究科(研究院), 教授 (10293490)
• Project Period (FY): 2013-04-01 – 2016-03-31
• Keywords: 憲法 / 憲法理論 / 比較憲法 / 立憲主義 / 国家緊急権

Outline of Final Research Achievements

In 1990s, we saw the rise of legal constitutionalism, in which judges take an important role in the protection of human rights, but after September 11, we also saw the sway of legal constitutionalism. The main aim of this research is to analyze the concept of “Legalism” in the constitutional theory and legal philosophy in this historical context to find the general theory about the role of law and judges in the state of emergency.
I study especially on two issues below. One is the reconsideration of the emergency power in constitutional theory through the detailed survey of constitutional theories after September 11. The other is the reconsideration of the discussion about the protection of conscience of judges in Japanese constitutional theory. I also did research on the trend of the UK constitutional theory about legal constitutionalism and political constitutionalism to fix the historical context of the discussion on the “Legality”.

Free Research Field

社会科学