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2017 Fiscal Year Final Research Report

Systematic introduction of the "human dignity" to the Japanese Constitutional Law - New interpretation of the human rights based on the common nature of human beings

Research Project

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Project/Area Number 26380047
Research Category

Grant-in-Aid for Scientific Research (C)

Allocation TypeMulti-year Fund
Section一般
Research Field Public law
Research InstitutionTokai University

Principal Investigator

OSHIKUBO MICHIO  東海大学, 法学部, 教授 (30279096)

Project Period (FY) 2014-04-01 – 2018-03-31
Keywords人間の尊厳 / 日本国憲法 / 共通性 / 人権 / 解釈
Outline of Final Research Achievements

This reserch aims at the new interpretation of the human rights in the Japanese Constitutional Law by the means of systematic introducing the "human dignity". As the presupposition have I showed the efficiency and limit of the concept "human image" which represents the common nature of diverse people, and pointed that the rights on th base of the people's attribution should be considered not as the human rights themslves but as the proper rights which support the human rights. Then I have insisted that the "human dignity" on the common nature of human beings must not be a relative concept in law, and should be introduced to the Japanese Constitutional Law in maintaining its absoluteness. I have showed some new concretre interpretation on the basis of such "human dignity".

Free Research Field

社会科学

URL: 

Published: 2019-03-29  

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