著者

小森 義峯

出版者

関西法政治学研究会

雑誌

憲法論叢 (ISSN:1343635X)

巻号頁・発行日

vol.10, pp.17-37, 2003

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English unwritten constitution is a great help to (a) maintenance of old and good tradition and civilization, (b) flexible correspondence to changing social circumstances, (c) stability of legal life by no calling an unconstitutionality in question. On the other hand, in Japan, the problem of amendment to the Japanese Constitution is greatly discussed now. Many drafts of the new constitution appear. But, in my opinion, an unwritten constitution is extremely suitable for the new Japanese constitution, because historically Japan is elder than England. In this thesis, a table of contents is as follows : (1) general idea of an unwritten constitution, (2) sources of law of the English unwritten constitution, (3) merits of the English unwritten constitution, (4) the significance of an unwritten constitution in Japan, (5) sources of law of the Japanese unwritten constitution, (6) a comparative study of Magna Carta in England and the 17 Articles Constitution in Japan, (7) Conclusion.