著者

岸本 正司

出版者

日本法政学会

雑誌

日本法政学会法政論叢 (ISSN:03865266)

巻号頁・発行日

vol.33, pp.111-132, 1997-05-15

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1. Introduction I remarked the reason why I selected the theme, and the necessity of considering the system legally and culturally, which is described from a different point of view comparing with other postwar treatises on the Constitution of Japan. 2. The purpose, nature, and problems of this sytem I calssified some main interpretations of the Constituton focussing on the system. And then I showed the limitations of postwar explanations for consistency between the system and Japanese society's condition. Plus I wrote I and other specialists could not present a significant vision for the future from the postwar viewpoints. 3. The Judical Precedents of the Review of the Supreme Court I analized the precedent of the Supreme Court in 1952. And I looked over the background of the precedent which states the system of the review of the Supreme Court is that of recall. 4. The Origin of the system and the Revision from Japanese Conception I investigated throughly the process in which the legal system was added into the Constitution for the first time. And I researched into the reason why the original model of the review system has been changed into the present one. 5. Conclusion In conclusion, I specified three main points of legal culture or conception in Japan, which come from Japanese mentality. Second, I examined both the theory for retaining the system and that for abolishing the system. Finally, I concluded that the system should be abolished after these considerations.

著者

岸本 正司

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.95-122, 2005-12-17 (Released:2018-01-10)

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In this paper, I discuss grounds for the necessity of establishing a new guideline for teaching the Japanese Constitution to Japanese high-school students, and then, present my teaching plan based on the guideline. The aim of the teaching plan is to let students understand the process to enactment of the Japanese Constitution from truly objective and fair perspective which is different from the viewpoint of traditionally used textbooks.

著者

岸本 正司

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.73-92, 2003-12-20 (Released:2018-01-10)

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This paper first discussed the necessity and propriety of establishing a new guideline for teaching the Japanese Constitution to Japanese high-school students, and then presented a teaching plan based on the guideline. The aim of the teaching plan was twofold : (1) To remind students of the great achievements of their ancestors through learning about two constitutions wrote in this country : Juhichijou Kenpou (the 17-article Constitution, 7C. AD) and the Imperial Constitution (19C. AD), thus leading students to take pride in their country's culture and tradition. (2) To let students think about the right direction in revising the Japanese Constitution based on the perspective developed in the above process.

著者

岸本 正司

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.1-26, 1998-12-19 (Released:2018-01-10)

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In this paper, I will mostly study various theories about the interpretations on Articles 26 and 23 of the Constitution. Through this process, I will state my opinion about three main points : (1) Who has the right to be educated? (2) Who has the right to educate? (3) Who has the right to decide the educational contents?