著者

成瀬 トーマス誠

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.59-90, 2014-03-28 (Released:2018-01-10)

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In 2009, in a thesis titled "The Concept of Judicial Power in the Early Period of American Constitution", the author tried to show how the judicial power was concepted during drafting and early era of American constitution. In that thesis, the author considered about drafting process of article 3 of the Constitution, Federalists' view of the judicial power, early debate about advisory opinions, and early 2 U.S. supreme court cases. In that thesis, as a conclusion, the author found out that the judicial power had not took a shape yet, and still on the way to be defined (still, need for some sort of "case" was clear). However, further consideration about some more topics such as Anti-Federalists view of judicial power, Judiciary Act of 1789, and debate about concept of early judicial review, will enable closer look at early concept of judicial power. In this thesis, the author will discuss those topics, and shows more specific figure of early concept of judicial power.

著者

成瀬 トーマス誠

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.87-108, 2011-12-19 (Released:2018-01-10)

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This article examines how the concept of standing has changed through the history of the United States Supreme Court cases from 1803 to 2011. For the conclusion, the concept of the standing has changed under the demand of the change of the society. However, through the 200 years of the history, there were 6 points that have not changed, such as prohibition of advisory opinions, etc. This article argues that though standing has changed dramatically, there still remains an area which has been kept unchanged.

著者

成瀬 トーマス 誠

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.79-110, 2015-03-29 (Released:2017-07-06)

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Despite the ban of the advisory opinions in the federal level, ten states adopt the advisory opinions. Even though advisory opinion is not so common in the U.S., there are many arguments pros and cons about advisory opinions. On the other hand, in Japan, advisory opinions were almost a "forgotten topic" and have not been discussed much. Without much discussion, advisory opinion is considered as out of the sphere of the constitution. However, there should be some arguments before abandoning advisory opinion- there could be possibilities for adopting advisory opinions. This article illustrates advisory opinion in federal and states, and discussion concerning the advisory opinions, in order to set a start line for the discussion in Japan.