著者

南部 義典

出版者

関西法政治研究会

雑誌

法政治研究 (ISSN:21894124)

巻号頁・発行日

vol.2, pp.63, 2016 (Released:2016-12-26)

著者

南部 義典

出版者

関西法政治学研究会

雑誌

憲法論叢 (ISSN:24330795)

巻号頁・発行日

vol.20, pp.3-58, 2014-03-28 (Released:2018-01-10)

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The law of the procedure of amendment to constitutional law of Japan (National Referendum Law) is enforced, but legally incomplete. Three legislative matters as to the additional rules of NRL have still been unsolved, so the referendum would not have been held under right operation. As this legal obstacle, for example, in case of the proposal for the amendment to the qualified voters by the National Diet, the minimum age of voting cannot be settled administratively at eighteen or twenty. And more, the range of regulation to referendum campaign by the public officials is legally unclear. At the 185th Diet, the reform proposals by Liberal Democratic Party and Japan Restoration Party to solve the legislative matters had been argued, but each proposal was not enacted. I expound about the contents of the reform proposals and the circumstances to be enacted in this article. For the more effective argument to amendment to constitutional law, the reform proposal of NRL shall be enacted as soon as possible, based on the wide consensus between the government parties and the opposition ones.

著者

南部 義典

出版者

関西法政治研究会

雑誌

法政治研究 (ISSN:21894124)

巻号頁・発行日

vol.First, pp.145-191, 2015-03-29 (Released:2017-07-06)

---

The Act on the Partial Revision of National Referendum Act was enacted at the 186th ordinary session of the Diet, and was enforced on June 20, 2014. By this revision, the minimum age of voting in the referendum regarding constitutional amendment is prescribed at twenty for next four years, and the age will be at eighteen four years later. But the minimum age of voting in public elections, the age of majority in the Civil Code, and the age of application for Juvenile Act are remained at twenty, lowering promptly these ages to eighteen is recognized as an important problem at the point of view of legal uniformity. At the final stage of the 187th extraordinary session of the Diet, the Bill for the Act on the Partial Revision of the Public Offices Election Act (to lower the minimum age of voting) was submitted, but was scrapped due to dissolution of the House of Representatives. Additionally, the problems as to the regulation to organizational campaign by the public officials, expansion of the referendum subjects, methodology of political education and the others are also emerging in relation to NRA system. These remaining problems should be solved legislatively on the wide consensus of political parties, according to the initiative requirement of Article 96 of the Japanese Constitution. It is considered definitely that to solve legislative problems as to NRA on the wide consensus is politically important requirement to lead to the success to the initiative for the amendment to Japanese Constitution by the Diet in future.

著者

南部 義典

出版者

環境社会学会

雑誌

環境社会学研究

巻号頁・発行日

no.3, pp.229-237, 1997-09-20

著者

南部 義典

出版者

関西法政治研究会

雑誌

憲法論叢 (ISSN:1343635X)

巻号頁・発行日

no.20, pp.3-58, 2014-03-28

---

The law of the procedure of amendment to constitutional law of Japan (National Referendum Law) is enforced, but legally incomplete. Three legislative matters as to the additional rules of NRL have still been unsolved, so the referendum would not have been held under right operation. As this legal obstacle, for example, in case of the proposal for the amendment to the qualified voters by the National Diet, the minimum age of voting cannot be settled administratively at eighteen or twenty. And more, the range of regulation to referendum campaign by the public officials is legally unclear. At the 185th Diet, the reform proposals by Liberal Democratic Party and Japan Restoration Party to solve the legislative matters had been argued, but each proposal was not enacted. I expound about the contents of the reform proposals and the circumstances to be enacted in this article. For the more effective argument to amendment to constitutional law, the reform proposal of NRL shall be enacted as soon as possible, based on the wide consensus between the government parties and the opposition ones.

著者

南部 義典

出版者

関西法政治研究会

雑誌

法政治研究 (ISSN:21894124)

巻号頁・発行日

pp.145-191, 2015

---

The Act on the Partial Revision of National Referendum Act was enacted at the 186th ordinary session of the Diet, and was enforced on June 20, 2014. By this revision, the minimum age of voting in the referendum regarding constitutional amendment is prescribed at twenty for next four years, and the age will be at eighteen four years later. But the minimum age of voting in public elections, the age of majority in the Civil Code, and the age of application for Juvenile Act are remained at twenty, lowering promptly these ages to eighteen is recognized as an important problem at the point of view of legal uniformity. At the final stage of the 187th extraordinary session of the Diet, the Bill for the Act on the Partial Revision of the Public Offices Election Act (to lower the minimum age of voting) was submitted, but was scrapped due to dissolution of the House of Representatives. Additionally, the problems as to the regulation to organizational campaign by the public officials, expansion of the referendum subjects, methodology of political education and the others are also emerging in relation to NRA system. These remaining problems should be solved legislatively on the wide consensus of political parties, according to the initiative requirement of Article 96 of the Japanese Constitution. It is considered definitely that to solve legislative problems as to NRA on the wide consensus is politically important requirement to lead to the success to the initiative for the amendment to Japanese Constitution by the Diet in future.