文献一覧: 小森義峯 (著者)

15 0 0 0 「集団的自衛権の行使」合憲の法理

著者: 小森義峯
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.9, pp.1-20, 2002

In the constituent Imperial Diet of 1946, Premier Yoshida explained that all war and all war potential including a war and war potential for self-defense were renounced on the Art. 9 of the draft of the Japanese Constitution. Japanese successive Cabinet has been adopting this interpretation on the Art. 9. Therefore, the present Cabinet also insists on the unconstitutionality of Execution of the right of collective self-defense. On the other hand, according to the interpretation of Kyoto school, as the Art. 9 renounces only a war as means of settling international disputes, by a general idea of international law, we can execute the right of collective self-defense. In this thesis, from a standpoint of Kyoto school, I advice change of the govermental interpretation on the Art. 9 of the Japanese Constitution.

2016-02-25 11:44:01
15 + 0 Twitter

9 0 0 0 OA 日英両国における不文憲法の重要性 : 日本国憲法改正問題考察の一助として

著者: 小森義峯
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.10, pp.17-37, 2003-12-20 (Released:2018-01-10)

English unwritten constitution is a great help to (a) maintenance of old and good tradition and civilization, (b) flexible correspondence to changing social circumstances, (c) stability of legal life by no calling an unconstitutionality in question. On the other hand, in Japan, the problem of amendment to the Japanese Constitution is greatly discussed now. Many drafts of the new constitution appear. But, in my opinion, an unwritten constitution is extremely suitable for the new Japanese constitution, because historically Japan is elder than England. In this thesis, a table of contents is as follows : (1) general idea of an unwritten constitution, (2) sources of law of the English unwritten constitution, (3) merits of the English unwritten constitution, (4) the significance of an unwritten constitution in Japan, (5) sources of law of the Japanese unwritten constitution, (6) a comparative study of Magna Carta in England and the 17 Articles Constitution in Japan, (7) Conclusion.

9 0 0 0 十七条憲法の憲法学的重要性について

著者: 小森義峯
出版者: 関西法政治学研究会
雑誌: 憲法論叢
巻号頁・発行日: vol.1, pp.1-11, 1994

The 17 Articles Constitution by established Prince Shotoku has been neglected as one of no value by many constitutionalists of Japan. But such a tendancy is not right. In this essay, I emphasized (1) importance as the first written constitution of Japan, (2) importance as a national essential polity of Japan, (3) importance as the first written constitution all the world, (4) importance as a useful constitution for the future on this subject.

7 0 0 0 OA 女帝に関する憲法政策学的考察

著者: 小森義峯
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.1-24, 1996-06-28 (Released:2018-01-10)

According to the provisions of the Japanese Imperial House Law, the right of succession to the Imperial Throne is limited to men in the male line of the Emperor. On the other hand, the existence of a Queen (Empress) is accepted in all European monarchy at present. Additionally, there were no doubt 8 empresses in Japanese constitutional history. Therefore, in this thesis, I proposed adoption of the English style of the system of succession to the Imperial Throne in Japan.

4 0 0 0 OA 関西憲法研究会座談会

著者: 阿部照哉伊藤公一小森義峯土居靖美野畑健太郎
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.16, pp.1-34, 2009-12-22 (Released:2018-01-10)

2 0 0 0 OA 明治憲法とプロシア憲法の比較憲法的考察

著者: 小森義峯
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.27-47, 1998-12-19 (Released:2018-01-10)

The Constitution of the Empire of JAPAN in 1889 (Meiji Constitution) was most influenced by the Prussian Constitution in 1850. In this Essay I studied comparatively both constitution, distinguishing points of similarity and difference. Especially I emphasized originality of Meiji Constitution which was not existent in the Prussian Constitution.

2 0 0 0 OA 主権回復以後の改憲運動史概観

著者: 小森義峯
出版者: 関西憲法研究会
雑誌: 憲法論叢 (ISSN:1343635X)
巻号頁・発行日: no.7, pp.1-21, 2000-12-20

In Japan, after restoration of sovereignty, there was the first movement (1952-1960) of amendment to the Constitution for rearmament. Secondly, there was a resting stage (1960-1990) in high growth of economy. Thirdly, since 1990 there is a new movement of amendment to the Constitution for international contribution of man power. But I am sorry to say that they forget the traditional Emperor system as a fandamental problem of amendment to the Japanese Constitution in all period.

2017-05-04 10:53:09
2 + 1 Twitter

https://ci.nii.ac.jp/naid/110002283628

1 0 0 0 OA 神道の世界宗教的性格 : 政教分離原則の根源的探求のために

著者: 小森義峯
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.18, pp.131-157, 2011-12-19 (Released:2018-01-10)

The American occupation forces (GHQ) determined that Shinto was a militaristic and ultra-nationalistic religion. Therefore, the GHQ issued the Directive entitled "Abolition of Governmental Sponsorship, Support, Perpetuation, Control, Dissemination of State Shinto (Kokka Shinto, Jinja Shinto) = henceforth the "Shinto-Directive" against the Japanese government on 15 December 1945. The point of the "Shinto-Directive" is to implement the "Separation of Religion and State" established in Article 20, Clause 3 of the present Japanese Constitution. By the way, the primary purpose of this study is to demonstrate the fundamental characteristics of Shinto as a "World Religion" in order to aid a fundamental study of the "Separation of Religion and State" specified in the Japanese Constitution. The content of this study is as follows: 1. The relationship between the "Shinto-Directive" and the "Separation of Religion and State" in the Japanese Constitution, 2. What kind of a religion is Shinto?, 3. Several characteristics of Shinto viewed from the standpoint of comparative religious studies (1) natural religious characteristics, (2) native religious characteristics, (3) pantheistic characteristics, (4) theanthropic religious characteristics, (5) characteristics of tolerance, (6) characteristics of universal morality, (7) characteristics of scientific rationality, (8) characteristics of quasi-national religion, 4. The term of "Kokutai-Shinto" and its characteristics, 5. Definition of "World Religion" and its characteristics, 6. Conclusion. The greatest point which I would like to emphasize in this study is that Shinto is the most excellent religion in the world and a "Treasure of mankind" as J. W. T. Mason (1879- 1941, American journalist) described in his books.

2022-09-27 14:22:00
1 はてなブックマーク

1 0 0 0 OA 司法権の限界と国体法

著者: 小森義峯
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.16, pp.69-88, 2009-12-22 (Released:2018-01-10)

Japanese unwritten traditional Constitution is based on "Emperor System by a line of Emperors unbroken for ages eternal". It was destroyed fundamentally by present Japanese Constitution forced by American occupation forces. This thesis focused relationship between present jurisdiction and Japanese unwritten traditional Constitution.

2022-09-27 14:20:00
1 はてなブックマーク

1 0 0 0 OA EUの成立経過と現行制度 : 「世界連邦」考察の一助として

著者: 小森義峯
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.1-20, 2007-12-26 (Released:2018-01-10)

After the Second World War, in Europe, many states had been moving to European Unity. For example, there were stages of OEEC (Organization for European Economic Cooperation), ECSC (European Coal and Steel Community), EEC (European Economic Communities), Euratom (European Atomic Energy Communities), EC (European Communities), TEU (Treaty on European Union) and the Treaty establishing a Constitution for Europe (not yet effect). In my opinion, the fundamental character of "EU" is a confederation (Staatenbund) neighbor with a federal state (Bundesstaat). This thesis aims a reference to the future World Federation.

2022-09-27 14:18:00
1 はてなブックマーク

1 0 0 0 OA 天皇制の比較憲法的特色 : 万世一系と祭祀と詔勅

著者: 小森義峯
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.12, pp.51-71, 2005-12-17 (Released:2018-01-10)

The Tenno system is Japanese monarchy. The construction of this essay is as follows. (1) concept of the Tenno system, (2) concept of monarchy, (3) characteristic of modern constitutional monarchy, (4) the first characteristic of the Tenno system - the Imperial eternal line, (5) the second characteristic of the Tenno system - religious service, (6) the third characteristic of the Tenno system - Imperial rescript.