著者

奥村 文男

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.3, pp.53-69, 1996-06-28 (Released:2018-01-10)

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Most scholars interpret, this "Political Authority" as a "Governmental Power." However, today in Japan, we cannot imagine religious groups will exercise a "Governmental Power" literally. Therefore, this interpretation has only a historical meaning. Recently many problems have been caused by religious groups such as OUM Shinrikyou. Considering the many problems surrounding religious groups, "Political Authority" should be properly interpreted based on such new movements.

著者

奥村 文男

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.14, pp.53-70, 2007-12-26 (Released:2018-01-10)

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Ex-Prime Minister Junichiro Koizumi visited Yasukuni Shrine in accordance with his promise in August 2001 and thereafter. A few suits for the damages against his visiting Yasukuni Shrine were brought into the courts. All suits against these cases were dismissed by all of the courts including the Supreme Court. However, several courts approved the plaintiffs' claims in the 'obiter dictum' as Koizumi's visits to Yasukuni Shrine were unconstitutional. In my paper, I pointed out such ways of decisions, which the lower courts ruled on, were beyond the titles granted to the courts and deprived defendants of their rights of appeals to the higher courts.

著者

奥村 文男

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.11, pp.1-21, 2004-12-20 (Released:2018-01-10)

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The law which citizens join in the criminal trial was enacted in 2004 and this is scheduled to carry into effect within 5years after its promulgation. This law, however, contains not only administrative problems but also important matters regarding principles of the Constitution. I suppose this issue should be considered more carefully. In this paper, I will point out some interrogations on these matters for further discussions.

著者

奥村 文男

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.5, pp.97-115, 1998-12-19 (Released:2018-01-10)

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In this thesis, I refered to four decisions sofar about Mandamus Proceeding. Especially, the decisions by the Supreme Court regarding the sign by the governor of Okinawa for the U.S. Army in replacement of landowners will give vital influences on Mandamus Proceeding. This decisions by the Supreme Court, on the one hand, clarified the meanings of 'substantial reviews' by the court, but on the other hand, left many problems pending. In these points, this decisions by the Supreme Court will be divided in evaluations.

著者

奥村 文男

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.3, pp.53-69, 1996

---

Most scholars interpret, this "Political Authority" as a "Governmental Power." However, today in Japan, we cannot imagine religious groups will exercise a "Governmental Power" literally. Therefore, this interpretation has only a historical meaning. Recently many problems have been caused by religious groups such as OUM Shinrikyou. Considering the many problems surrounding religious groups, "Political Authority" should be properly interpreted based on such new movements.