The Research on Legal Due Process and Precedent in Japan Constitution－including related issues in ROC Constitution
| Autor: | Jan-Ming Huang, 黃正明 |
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| Rok vydání: | 2011 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 99 The guarantee of Due process of the restriction of personal freedoms originates from Magna Carta, c. 39. This concept was applied in the Due Process Clause in Fifth Amendment to the United States Constitution. The Article 8.1 of ROC Constitution and the Article 31 of Japan Constitution both states, “No person shall be deprived of life or be subjected to any other penalties without legal procedures.” Is the term “legal procedures” in ROC Constitution and in Japan Constitution has s same definition as “Due process” in the United States Constitution? As for the question, most Japanese scholars hold a positive attitude.Can the same term used in Article 8.1 of our Constitution be interpreted in a same way? Should we make different but requirements for different types of basic rights and procedures? What is the standard to examine the Due process? The purpose of this paper is to discuss the definition of Due Process through consulting with Japanese legal precedents and domestic constitntional interpretation. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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