著者

山崎 将文

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.25-54, 2011-12-19 (Released:2018-01-10)

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The curriculum for training care worker has been reconstituted in 2009. The new education program "The Human Dignity and Independence" has been established. It was the considerable case for this writer who is investigating "Human Dignity" in constitutional law. Therefore in this paper I have examined for "Human Dignity" in social welfare from constitutional law point of view. As a consequence, I have concluded that "Human Dignity" is different from "Dignity of the Individual". "Dignity of the Individual" is frequently misleadingly referred as isolated each individual is dignified venerable. Hence though many of laws which related with social welfare define "Dignity of the Individual", however I would like to propose that "Dignity of the Individual" should be amend as "Human Dignity".

著者

山崎 将文

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.35-68, 2009-12-22 (Released:2018-01-10)

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The purpose of this paper is to consider the relations between the individual and the family in the Japanese Constitution. Article 13 of Japanese Constitution prescribes "the respect as individuals", and Article 24 Paragraph 2 prescribes "the dignity of individual in the family life". Therefore, it is said that the Japanese Constitution expresses a principle of the individualism generally, and besides, adopts the individualism that individuals are always superiority to families, moreover it adopts the radical individualism which breaks up families. However, the author had observed the process of establishment of the Japanese Constitution to interpret the constitutional articles, then arrives at the following conclusion: the Japanese Constitution does not always deny the protection of the family, rather protects the family.