著者

長谷川 史明

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.1-24, 2011-12-19 (Released:2018-01-10)

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Almost all the texts on Japanese constitutional law explain constitutionalism as "the modern constitutionalism" from an age of bourgeois revolution that created politics according to a written constitution, including the protection of human rights and civil liberties. This is the popular view about constitutionalism in Japanese constitutional studies. But, in the history of political thought, constitutionalism has a broader meaning i.e. "limited government" or one of the methods of "controlling the state", traced back to ancient Greece. Therefore, constitutionalism has little to do with the existence of a written constitution. So, In this essay, I will point out several problems that occur when taking about this popular view of constitutionalism within Japanese constitutional studies.

著者

長谷川 史明

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.133-151, 2006-12-26 (Released:2018-01-10)

---

Although Western constitutionalism has little to do with a written constitution, since the Meiji Era constitutional theorists in Japan have concentrated their studies mainly on the written constitutional Code or documents. So, it tends to overlooked that modern constitutionalism originated in medieval constitutional thought, especially Christian doctrines and the rule of law tradition. I think that the following two stands form the central factors of the Western constitutionalism. First, arbitrary power-exercised by the power-holders should be denied and rejected. And secondly, in order to restrict the exercise of such arbitrary power, the rule of law should be available and applied. In this essay, I concentrate my attention on the Western characteristic Weltanschauung or Ontologie, that is to say, "All things are created by the Creator", and attempt to point out that Roman Catholic Church offered a notion of the separation of the power-holder and the decision-maker. And probably, this notion is one of the basic ideas that Western constitutionalism contains.

著者

長谷川 史明

出版者

日本法哲学会

雑誌

法哲学年報 (ISSN:03872890)

巻号頁・発行日

vol.1996, pp.129-136, 1997-10-30 (Released:2008-11-17)

参考文献数

21

著者

長谷川 史明

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.18, pp.1-24, 2011

---

Almost all the texts on Japanese constitutional law explain constitutionalism as "the modern constitutionalism" from an age of bourgeois revolution that created politics according to a written constitution, including the protection of human rights and civil liberties. This is the popular view about constitutionalism in Japanese constitutional studies. But, in the history of political thought, constitutionalism has a broader meaning i.e. "limited government" or one of the methods of "controlling the state", traced back to ancient Greece. Therefore, constitutionalism has little to do with the existence of a written constitution. So, In this essay, I will point out several problems that occur when taking about this popular view of constitutionalism within Japanese constitutional studies.

著者

長谷川 史明

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.133-151, 2006

---

Although Western constitutionalism has little to do with a written constitution, since the Meiji Era constitutional theorists in Japan have concentrated their studies mainly on the written constitutional Code or documents. So, it tends to overlooked that modern constitutionalism originated in medieval constitutional thought, especially Christian doctrines and the rule of law tradition. I think that the following two stands form the central factors of the Western constitutionalism. First, arbitrary power-exercised by the power-holders should be denied and rejected. And secondly, in order to restrict the exercise of such arbitrary power, the rule of law should be available and applied. In this essay, I concentrate my attention on the Western characteristic Weltanschauung or Ontologie, that is to say, "All things are created by the Creator", and attempt to point out that Roman Catholic Church offered a notion of the separation of the power-holder and the decision-maker. And probably, this notion is one of the basic ideas that Western constitutionalism contains.