著者

抱 喜久雄

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.13-23, 1994

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It has been argued how the state should compensate for damages caused by state-run inoculation program. In 1984, the Tokyo District Court handed a ruling in favor of the plaintiff's claims for indemnity by analogically applying Art.29, cl.3 of the Japanese Constitution. In the appellate trial, however, the Tokyo High Court overturned the initial decision and approved the claims of the appellant (plaintiff in the first trial) for damages by applying Art.1, cl.1 of the State Liability Act. In this paper, I will study problems related to 'state compensation' through an analysis of the decision by Tokyo High Court.

著者

抱 喜久雄

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.1, pp.13-23, 1994-04-15 (Released:2018-01-10)

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It has been argued how the state should compensate for damages caused by state-run inoculation program. In 1984, the Tokyo District Court handed a ruling in favor of the plaintiff's claims for indemnity by analogically applying Art.29, cl.3 of the Japanese Constitution. In the appellate trial, however, the Tokyo High Court overturned the initial decision and approved the claims of the appellant (plaintiff in the first trial) for damages by applying Art.1, cl.1 of the State Liability Act. In this paper, I will study problems related to 'state compensation' through an analysis of the decision by Tokyo High Court.

著者

抱 喜久雄

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.13, pp.19-38, 2006-12-26 (Released:2018-01-10)

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An influential theory insists that matters pertaining to family, for example marriage and divorce, are included in the object of the right to self-determination. But, Art. 24, cl. 1 of the Japanese Constitution provides that "Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with equal rights of husband and wife as a basis". In this paper, I will study some problems related to guarantee of "freedom to found a family', mainly through an examination of the contents of Art. 24, cl. 1.

著者

抱 喜久雄

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.13, pp.19-38, 2006

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An influential theory insists that matters pertaining to family, for example marriage and divorce, are included in the object of the right to self-determination. But, Art. 24, cl. 1 of the Japanese Constitution provides that "Marriage shall be based only on the mutual consent of both sexes and it shall be maintained through mutual cooperation with equal rights of husband and wife as a basis". In this paper, I will study some problems related to guarantee of "freedom to found a family', mainly through an examination of the contents of Art. 24, cl. 1.

著者

抱 喜久雄

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.9, pp.21-41, 2002-12-23 (Released:2018-01-10)

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There is much argument as to whether "the right to self-determination" is one of the human rights which is guaranteed by the Japanese Constitution. Today, the views of the majority recognize the right to pursue happiness as to be the guarantee of "nonenumerated" human rights and "the right to self-determination" as included in the right to pursue to happiness. But, reviewing the controversy over "the right to self-determination", I must point out ambiguousness of the definition and contents of the right. In this paper, I will reexamine the controversy over the right to self-determination and suggest some questions about it.

著者

抱 喜久雄

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.4, pp.1-21, 1997-12-18 (Released:2018-01-10)

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There have been various lower court decisions about the constitutionality of the fingerprinting system in Japan. In its December 24, 1995 decision, the Japanese Supreme Court ruled the practice constitutional. Reviewing the series of rulings on this issue, however, I must point out some of the problems which I think are logically questionable. In this paper, I will delve into two points : (1) What is "the freedom of private life?" (2) The relationship between the right of refusing fingerprinting and the right of privacy.

著者

抱 喜久雄

出版者

聖徳大学

雑誌

紀要 (ISSN:02863332)

巻号頁・発行日

vol.15, pp.21-31, 1982