国家の保護義務と比較衡量 : フランク・マイクルマンの「アメリカ合衆国における保護義務」論を端緒として

概要

論文の詳細を見る
In Europe (especially Germany), there is the constitutional doctrine that the states must not only respect, but also protect constitutional rights of persons. In the U.S., this is not the case. Frank I. Michelman, a professor at Harvard University, argues for "the protective function of the states in the U.S.". This article attempts to clarify or examine this and other of Michelman's arguments, arguments of other theorists of the protective duty of the states, and an argument of other theorist, giving weight to a "balancing" approach in the constitutional scrutiny of courts in the U.S. and reconceptualizing rights and governmental powers. Through those attempts, this article is giving weights to a "balancing" approach in constitutional scrutinies of courts, in the U.S. and Japan, and attempting to reconceptualize rights and government powers.
2010-10-20