著者

眞次 宏典

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.93-120, 2003

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Whenever we discuss about modern constitutions and political order, the notion of 'an absolute', namely divine or despotic power appears in our discourse. Such notions as natural law, natural rights, the basic norm, sovereignty and constituent power show the existence of 'an absolute' in our theories of the modern constitution and political order. If seems that 'an absolute' has been indispensable to the theories of the modern state and the constitution. But is it true? Examining the notion of 'an absolute' in our theories of the modern state and the constitution, this paper makes a critical analysis of the reason as to why 'an absolute' appeared in the modern age.