This article discusses the criteria for the German theories of the general equality principle. I have previously demonstrated a new criterion for this, as used by the German Federal Constitutional Court. Naturally, as there are views that other criteria for such theories are better than the one being used in the German Federal Constitutional Court at present, I wish to clarify them. Although there are many such criteria, the main focus, here, is on the “Intervention― Criteria（Eingriff―Modell）”, especially those undertaken by Michael Kloepfer and Stefan Huster. Stefan Huster wrote a famous and important dissertation, namely “Right and Goal （Rechte und Ziele）”, in which he distinguishes between internal and external purposes and proposes three steps（protection, intervention and justification）. However, as there are several critical opinions concerning these concepts, I analyse them and consider whether they can be applied to the Supreme Court of Japan. The article concludes that it is difficult to do this in Japan, but the Huster’s criteria would partly contribute to the Supreme Court of Japan.

一橋大学大学院法学研究科

2020-07-10

日本語(jpn)

departmental bulletin paper（紀要論文）

VoR

10.15057/31345

1347-0388

AA1161370X

一橋法学

19

2

271

331

19巻2号(2020.7)

https://hdl.handle.net/10086/31345