著者

今井 直重

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.19, pp.1-9, 1983

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This treatise comments the limit of the revision of the constitution of a state. First of all, we must distinguish the difference between the establishment of the constitution and its revision or amendment. The constitution-making power is an absolutely unlimited power and can establish any constitution that the state wants. But different from the constitution-making power, the constitution-revising competence is necessarily restricted by the principles and inherent spirit of the positive constitution of the state. Why the reason? Because we must, first of all, know the different charactor between the constitution-making power and constitution-revis-ing competence. That is, as a famous French constitutionalist, Si-eyes, 18ct., said, constitution-making power is an unconditional, unlimited, creative power (pouvoir constituant) and cannot be limited or conditioned by any other powers. But being distinguished from this, constitution-revising competence is merely a right in the region establishied by the constitution. So, to make the point clear, I will explain the purport as follows.- (1)Constitution-making power (pouvoir constituant) is creative, original and inherent power and cannot be limited by any other powers and so it is unlimited. (2)Constitution-revising competence (pouvoir constitue) is only a right of positive law and it is only a competence and cannot be