著者

佐藤 全

出版者

一般社団法人日本教育学会

雑誌

教育學研究 (ISSN:03873161)

巻号頁・発行日

vol.65, no.4, pp.334-342, 420-421, 1998-12-30

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Article VIII, Clause I of the Fundamental Law of Education states that the political knowledge necessary for intelligent citizenship shall be valued in education. Clause 2 states that schools, prescribed by law, shall refrain from political education or other political activities for or against any specific political party. The aim of this paper is to investigate the effect of Article VIII of the Fundamental Law of Education upon legislation and educational administration about political education by reviewing related controversies and cases that arouse after the enactment of that Law. The Constitution of Japan and the Fundamental Law of Education were influenced by America's legislative history. Accordingly, court cases concerning free speech rights of teachers in America are examined to discuss the Article VIII in international perspective. The effect of Article VIII may be briefly summarized in the following outline. cause I was not effective in fostering the political education necessary to cultivate in students the political moral and critical sense essential for citizenship in democracy. The merits and demerits of Clause 2 are balanced, because it brought legislation and ruling to limit the political activities of teachers and students, as a result largely of such legislation or ruling, the legislative intention of Clause 1 has been poorly carried out, while on the other hand such legislation and ruling are as valid as American cases to keep the political education neutral and to protect the classroom from substantial disruption. Clause 2 has exerted well balanced influence with both merits and demerits). For Clause 2 caused enectment and notifications for restriction of teachers' and students' political activities, which as a result the legislative intention of Clause I has become far from being realized(failed to be realized). On the other hand the legilation and notifications pertinent to Clause I are valid and effective, as seen in cases(counter parts in judicial causes)in America, to preserve neutrality of the plitical education and to protect classrooms from substantial disruption.