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)

著者

野畑 健太郎

雑誌

白鴎大学法科大学院紀要 = Hakuoh law review (ISSN:18824277)

巻号頁・発行日

no.5, pp.105-145, 2011-10-01

著者

野畑 健太郎

雑誌

白鴎大学法科大学院紀要 = Hakuoh law review (ISSN:18824277)

巻号頁・発行日

no.1, pp.141-166, 2007-11-01

著者

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.19, pp.1-5, 2012-12-25 (Released:2018-01-10)

著者

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.15, pp.1-29, 2008-12-27 (Released:2018-01-10)

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A definite legal provision on patients' rights of self-determination in medical care cannot be found in Japanese law or the Japanese Constitution. Patients' rights of self-determination are recognized in the realm of learning and the judicial precedents of some lower courts in Japan nowadays. However, it is not evident whether patients' rights of self-determination found in some lower court's judgments in Japan is a right of civil and criminal law or a right of Constitution which means a human right to self-determine. Although patients' rights of self-determination have been argued in terms of medical practices, death with dignity, and so on, they have been not discussed as a constitutional right until the present day. Only whether disregard of the patients' rights of self-determination brings about civil or criminal responsibility has been questioned. Nowadays, although there are some theoretical viewpoints which regard patients' rights of self-determination as a constitutional right, or a human right, originally they are considered a right of civil and/or criminal law in doctor-patient relationships. Hence, it is doubtful that regarding patient's right as a constitutional right, or a human right without examining some theoretical problems on article 13 of the Japanese Constitution. The purpose of this study is to investigate the constitutional theoretical problems about patients' rights of self-determination, by discussing the judicial precedents of some courts related to patients' rights of self-determination.

著者

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.12, pp.1-28, 2005-12-17 (Released:2018-01-10)

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Medical technology has been developed over the years to alleviate or avoid some of the causes of infertility, and these technologies continue to advance, collectively these technologies are known as assisted reproductive technologies (ART). In this April, The National Institute for Research Advancement (NIRA) in Japan, which is an independent policy research body established on the initiative of leading figures from Japan's industrial, academic and labor communities, and it was founded in 1974 under the National Institute for Research Advancement Act and is funded through an endowment made up of capital contributions and donations from both the public and private sectors, proposed the new tentative plan denominated "Bill of Bioethics" including legal protections and regulations of assisted reproductive technologies. At present there is no act to protect and regulate assisted reproductive technologies in Japan. The new tentative plan concerning legal protections and regulations about assisted reproductive technologies by NIRA is an epoch-making plan in the realm of bioethics. I'll consider in this paper, first of all, the content and meaning of legal protections and regulations about assisted reproductive technologies in the "Bill of Bioethics" in terms of the Constitution. In this connection, I'll consider some provisions in the Constitution of Japan related to legal protections and regulations of assisted reproductive technologies, next.

著者

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.7, pp.23-43, 2000-12-20 (Released:2018-01-10)

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According to what Gerhard Leibholz says, "die letzte Konsequenz des modernen Parteienstaates" (the last consequence of the modern Party State) in the Western developed countries is that if a person ceases to be a Member of a Political Party upon whose platform he has been elected to the Parliament, he should immediately cease to be a Member of the Parliament. After World War II, the constitutions of some developing countries, that is : the 1962 Constitution (Art. 38) of South Korea, the 1963 Constitution (Art. 30) of Singapoe, the 1967 Constitution (Art. 39) of Zaire, the 1969 Constitution (Art. 75) of Ghana, the 1990 Constitution (Art. 43) of Fiji, etc., have the provisions saying that any parson winning an election on a Party symbol, if he quits the Party, loses his seat. The Constitution for the State of Singapore, promulgated when Singapore joined Malaysia and achieved full independence from the United Kingdom in 1963, had a certain provision (Article 30 (2) (b)) referring to the tenure of office of Members of the House, which reads as follows : "The seat of a Member of the Legislative Assembly shall become vacant……if he ceases to be a Member of, or is expelled or resigns from, the political party for which he stood in the election;". The matters I will consider in this paper are as follows : (1) The meaning, role and task of the provision concerning the political party in the Constitution of Singapore. (2) The constitutional history in relation to the provision concerned in the Singapore's Constitutions in the Malaysian phase and the post-independence era.

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:1343635X)

巻号頁・発行日

vol.16, pp.1-34, 2009

著者

野畑 健太郎

雑誌

白鴎大学法科大学院紀要 = Hakuoh law review (ISSN:18824277)

巻号頁・発行日

no.4, pp.11-31, 2010-10-01

著者

野畑 健太郎

出版者

和歌山県立医科大学

雑誌

紀要 (ISSN:03852741)

巻号頁・発行日

vol.27, pp.11-23, 1997

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On 18 May 1988 in Singapore, the Constitution of Singapore (Amendment) Act and the Parliamentary Elections (Amendment) Act 1988, to ensure the representation in Parliament of members of the Malay and other minority communities, were passed by Paliment. Under the new constitutional provision (Article 39A of the Constitution of the Republic of Singapore), the Legislature may make provision for "any constituency to be declared by the President……as a Group Representation Constituency (GRC) to enable any election in that constituency to be held on a basis of a group of 3 candidates". Furthermore, "at least one of the 3 candidates in every group shall be a person belonging to the Malay" or "Indian or other minority communities". The matters I will consider in this paper are as follows. The role and task of the GRC system, which was reinforced in 1991 and 1996, to elect Team MPs or MPs on a group basis in some constituencies, and the essence of the GRC system to entrench the idea of multi-ratialism in the written constitution, in relation to the result of the General Elections of (1988, 1991 and) 1997.