著者

齋藤 康輝

出版者

日本法政学会

雑誌

法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.40, no.1, pp.166-176, 2003-11-05

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1 The location in question As for the member of the Diet, it is originally hoped that he(she) acts as "a representative of whole country people". However, actually, the action is restricted by a political party. By this report, I want to examine many problems around such a member of a party qualification and a member of the Diet qualification from a perspective of study of the constitution. 2 Relation of a member of a party qualification and a member of the Diet qualification in Japan (1) Sanctions of a case of party decision violation (2) When a member of the Diet change the party 3 A problem of a member of a party qualification and a member of the Diet qualification in Germany 4 A summary In Germany, the conclusion charge account that was different from Japan does a problem of the seat loss by transference of a member of the Diet by a federal level, and, besides, it is argued in various ways still. I think that there is a problem very much about law revision of this time in Japan(revision of the Public Officers Election Act / the Diet Act , 2000).