On effective use of legislative facts in legislatures and courts
Japan Society for the Promotion of Science:Grants-in-Aid for Scientific Research
Date (from‐to) : 2017/04 -2020/03
Author : DOI Masakazu
The first objective of our project is to study how legislative facts are presented before, and used by, legislatures and courts in the United States of America, the United Kingdom, France and Germany. Our comprehensive research on the legislative and judicial practices as well as academic theories revealed similarities and differences in significance and roles that legislative facts have in these countries.
Our second end is to reexamine theories of legislative facts in Japan, based on the above comparative law research, especially focusing on the rhetoric of ‘changing legislative facts’ that the Japanese Supreme Court has often used in recent years. This reexamination led us to the conclusion that the Court had referred to legislative facts on different levels and in different ways, according to the contexts of cases and the methods of judicial review it adopted.