Why does the Constitution guarantee Rights?--the way to justify commercial speech--
Why does the Constitution guarantee Rights?--the way to justify commercial speech--
批准号:
24653009
负责人:
TAKAKASHI Kazuyuki
金额:
$1.0万
依托单位:
依托单位国家:
日本
项目类别:
Grant-in-Aid for Challenging Exploratory Research
财政年份:
2012
资助国家:
日本
项目状态:
已结题
起止时间:
2012-04-01 至 2014-03-31
中文摘要
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英文摘要
Constitutional rights in proper sense are guaranteed for the benefit of rights-holders, not for the others who might get profits from the formers' exercise of the rights. The latter concept of constitutional rights is instrumental, and so it is not consistent with the nature of "human rights". But the Constitution can enumerate, or may be interpreted as enumerating, instrumental rights as well. This research has for its purpose to point out that the American theory of commercial speech relies on this instrumental concept. American free speech theory tends to focus on the receiver's right, by means of which it interprets free speech guarantee as an "institutional guarantee" rather than as an individual right.
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