A Study on the Functions of Constitutional Law as “Basic Law of Processes"in Judicial System and Practice

点击翻译按钮获取中文摘要

The Legislature was not sufficiently aware of the relations between Administrative Case Litigation Act 2004 and the articles of the Constitution of Japan at the enactment of the new act.The recent decisions of Supreme Court of Japan tend to more aggressive protection of civil rights. But as the result of this research, it became clear that the Court has not appropriately take into account the functions of Constitutional Law as the standard of the interpretation of procedural laws and the authorization to the courts.Through this research, I am studying of the "raison d'etre" and the general theory of legal functions of constitutional law, and translated "Klaus Stern, Das Staatsrecht der Bundesrepublik Deutschland, Bd.1" partially (general theory of constitutional law et al.).