著者
槇 裕輔
出版者
日本法政学会
雑誌
法政論叢 (ISSN:03865266)
巻号頁・発行日
vol.43, no.2, pp.145-155, 2007-05-15 (Released:2017-11-01)

Im Mittelpunkt des osterreichischen Bundesverfassungsrechts steht das Bundes-Verfassungsgesetz, zu den das Bundes-Verfassungsgesetz, "Gesetz vom 1. Oktober 1920, womit die Republik Osterreich als Bundesstaats einrichtet wird" (BGB1 1920/1), in den Jahren 1925 und 1929 durch zwei umfassungreiche Bundesverfassungsnovellen geandert wurde und dessen Titel das "Bundes-Verfassungsgesetz in der Fassung von 1929" ist. Eine grosse und formelle Eigenart des osterreichschen Bundesverfassungsrechts ist, daB das hat viele Rechtsquellen, die die Bundes-verfassung(B-VG) als eine Rechtsquelle des Bunderverfassungsrecht, das Bundesverfassungsgesetz(BVG), einzelne Bstimmungen eines Gesetzes als Verfassungsbestimmungen, Staatsvertrage in Verfasssunsgrang und einzelne Verfassungsbsetimmungen in Staatsvertragen sind. Zur das Verfassungsgesetz gehort das Staatsgrundgesetz vom 21. Dezember 1867, uber die allgemeinen Rechte der Staatsburger fur die im Reichsrate vertretenen Konigreiche und Lander welches in Kraft gesetzt worden ist. Und dieses Staatsgrundgesetz gilt heute noch als ein Bundesverfassungsgesetz. In dieser Abhandlung wurde ich uber die Rechtsquellen als die Eingenart der osterreichischen Bundesverfassung und eine Seite der Bundesverfassungsgeschichte betrachten.
著者
岩村 正史
出版者
日本法政学会
雑誌
法政論叢 (ISSN:03865266)
巻号頁・発行日
vol.36, no.2, pp.209-228, 2000-05-15

Introduction I Response to Hitler's administration II Admiration for Hitler in the Japanese-Chinese War III World War II and Shaking Image of Hitler Conclusion
著者
小谷 順子
出版者
日本法政学会
雑誌
法政論叢 (ISSN:03865266)
巻号頁・発行日
vol.42, no.1, pp.145-160, 2005-11-15

The Canadian Supreme Court has upheld hate speech regulation in several cases, whereas the U. S. Supreme Court has struck down such regulation, invalidating the idea of such regulation. This article focuses on Canadian Supreme Court cases involving hate speech regulation and analyzes the reasons behind the contrasting attitudes of the two neighboring countries with similar backgrounds. Chapter I briefly outlines the constitutional problems surrounding the regulation of hate speech in the democratic world. Chapter II describes general characteristics of Freedom of Speech in Canada, which is guaranteed by the Canadian Charter of Rights and Freedoms. Chapter III analyzes five cases ruled in the Canadian Supreme Court, four of which upheld hate speech regulation. Chapter IV makes comparative analysis of Canadian and U. S. cases by referring to differences in the texts of the Constitutions, case laws, public acceptance, and so forth.
著者
堀田 みゆき
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.36, no.1, pp.58-67, 1999-11-15
被引用文献数
1

Recently, the concern over human rights has gradually spread from the part of individual nations to the whole international community. At the same time in a large part of western countries, i.e. the northen part of Europe and USA, the view of society for homosexuality has become much more tolerant than before. As the result of these facts, the Registered Partnership Act constituted for the first time in Denmark in 1989. Next to it Norway(93), Sweden(94) and Iceland(96)followed introducing similar acts. These laws approved substantial marriage between the same sex and regulated the same legal effects as general marriage with some exceptions. The exceptions are concerned about getting parenthood. One of them is concerned about adoption and guardianship, the other is artificial insemination. The present thesis handles at first the right to marry and found a family from the public international law, i.e. the Universal Declaration, UN Covenant on Civil and Political Rights, etc. And it takes up the legal position of homosexual persons as to marriage and even more of transsexual persons. According to norms of public international law, the right to marry is not absolute and marriage between the same sex is not recognized. The right to marry and found a family,however, is essential to the pursuit of the individual happiness, therefore their rights should be approved at least in the different form as general marriage as far as it doesn't act against the public interests. And in addition, the attitude of clergy and general people for the homosexuals is mentioned around Sweeden and Denmark.
著者
北村 貴
出版者
日本法政学会
雑誌
法政論叢 (ISSN:03865266)
巻号頁・発行日
vol.51, no.1, pp.161, 2014 (Released:2017-11-01)
著者
幸重 忠孝
出版者
日本法政学会
雑誌
法政論叢 (ISSN:03865266)
巻号頁・発行日
vol.37, no.2, pp.1-14, 2001-05-15 (Released:2017-11-01)

The victim who caught psychosomatic damage by participating in self improvement seminar which was educational cult exists abundantly. This psychosomatic damage is the wound caught by mind rape. It can't complain about it, and it is everywhere as for the victims the damage of mind rape. It is rare that the problem of self improvement seminar is brought even into the judgment specially. Two factors exist greatly as a reason. To begin with, cult group are to control a member by using mind control. Secoundly, self improvement seminar are to use that it is hard to judge by law for mind control. This report analyzes about mind control and mind rape by cult group. Then, a past precedent is taken up about the damage of self improvement seminar. It is examined how it was interpreted about mind rape in the judgment from the precedent. The need of the social support system to the victim of mind rape is suggested at the end.
著者
小谷 順子
出版者
日本法政学会
雑誌
法政論叢 (ISSN:03865266)
巻号頁・発行日
vol.40, no.2, pp.149-167, 2004

In 1992, the U.S. Supreme Court struck down an ordinance banning "fighting words", including cross-burning and the display of swastika, that insulted others or provoked violence "on the basis of race, color, creed, religion or gender." In R.A.V. v. St. Paul, the Court stated that the ordinance impermissibly discriminated against unpopular topics within the category of proscribable speech and thus violated the First Amendment of the U.S. Constitution. Although the Court acknowledged that combating racism was in the city's interest, it concluded that the city could not advance that interest by singling out unfavorable speech for punishment and declared the ordinance unconstitutional. In 1993, however, the Court upheld a Wisconsin penalty-enhancement law in Wisconsin v. Mitchell, declaring that the statute only penalized the criminal action, not the idea or speech. After R.A.V. and Mitchell, hate speech regulations of any form were considered impermissible while penalty enhancement laws and their variations were considered permissible, and the lower courts handled the cases before them accordingly. Cross-burning statutes, however, caused confusion, with five statutes being declared unconstitutional and two constitutional. In 2003 the Supreme Court upheld a Virginia statute banning cross-burning with the intent to threaten others in Virginia v. Black. The Court stated that the statute simply singled out the most terrifying type of threat of all types of threat, and therefore it did not discriminate against certain topics or viewpoints as the ordinance in R.A. V. did. This article analyzes these three federal high court cases along with seven state cases, and then compares R.A.V. and Black, and concludes that the two codes both banned controversial topic within proscribable categories and that the Court's handling of the two cases was inconsistent and inappropriate.
著者
小谷 順子
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.36, no.1, pp.160-169, 1999-11-15

When racial/sexual harassment became rampant in the U.S. in 1980s, many colleges and universities along with local governments adopted regulations which proscribed hate speech and other fotms of hatred. In 1992, however, the Supreme Court struck down an ordinance banning "fighting words" that insulted or provoked violence "on the basis of race, color, creed, religion or gender." In R.A.V.v.City of St. Paul, the Court stated that the ordinance impermissibly discriminated against unpopular topics. Critics of R.A.V. showed deep concern for the logic of the Court and others provided their reasoning for upholding strictly framed regulations. In this Article, I intend to present outline of the debate on hate speech regulations in the United States. In Chapter II, I overview the anti-regulation argument by presenting R.A.V. and then point out the flaw in its logic. In Chapter III, I turn to the pro-regulation argument and discuss how the proponents of the regulations solves the problem of content/viewpoint discrimination. I then present the harm caused by hate speech, and finally analyze hate speech regulations under the values of the Freedom of Speech.
著者
佐伯 康子
出版者
日本法政学会
雑誌
法政論叢 (ISSN:03865266)
巻号頁・発行日
vol.36, no.2, pp.229-237, 2000

1.Strategic values of the South Sea Islands for the Japanese Navy. 1)The 1st World War and dispatch cruisers by the reguest of Sir.Winston Churchill, the Minister of the Royal Navy. 2)Occupation of the South Sea Islands 3)Churchill's reguest of destroyers and a promise between Japan and the U.K. 4)The Paris Peace Conference 5)Reguest to Nanyokohatsu 2.Strategic values of the South Sea Islands for Nanyokohatsu. 1)Establishment of Nanyokohatsu. 2)The business development by Haruji Matsue.
著者
竹内 桂
出版者
日本法政学会
雑誌
法政論叢 (ISSN:03865266)
巻号頁・発行日
vol.53, no.1, pp.1, 2017 (Released:2017-05-19)

Takeo Miki, who assumed the position of prime minister in 1974, is one of the primary statesman in postwar Japan. He won his seat at the 20th general election in 1937, and was subsequently voted into office 19 times in a row. The purpose of this thesis is to classify the activities of Miki in the period of his school days at Meiji University after which I consider the significance of his student days. From the analysis, I can point out the following significant points. Firstly, Miki developed an interest in real politics. He decided that he would run in a general election in the future. Secondly, Miki was aware of the importance of what can be obtained from travel. Because of that, he developed international sensibilities and an interest in international affairs. Thirdly, Miki met Shintaro Fukushima and Kazushige Hirasawa, who both played important roles as Miki’s mentors at a later date. Fourthly, Miki came to recognize the importance of the mass media. It was essential for Miki to have entered Meiji University in order to become a member of the House of Representatives.
著者
鈴木 隆志
出版者
日本法政学会
雑誌
法政論叢 (ISSN:03865266)
巻号頁・発行日
vol.48, no.1, pp.1-16, 2011-11-15

The purpose of this paper is to examine the defects of the referendum through the case in which the issue of the shopping bag tax comprehended as a green fee has been rejected by the Seattle referendum. It is rather a rare case that the municipal ordinance, such as the shopping bag tax act previously approved by the Seattle City Council in 2008, and enacted in 2009, has been rejected in the referendum. The question is why the Seattle shopping bag tax act has been rejected in the referendum, despite the fact that Seattle citizens are considered liberal and environmentally oriented. There must be some defects in the referendum system itself or a sort of failure in the decision-making process for the shopping bag tax act. As for the failure of decision-making process of the city government, it can be indicated that there must have been a lack of an educational outreach touch to the citizens as well as a lack of mutual consensus between the city government and the business group. It is more important, however, to look into their referendum campaign maneuvers and also the dynamics of other elections for the local officials. I hope that this article will explain the American political climate of urban politics. I also hope the findings of this study will give readers some suggestions for the betterment of our local autonomy system in Japan.
著者
瀬川 博義
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.36, no.1, pp.187-196, 1999-11

In the aftermath of the Russo-Turkish war of 1877-78, San Stefano Treaty was signed in March 1878 and granted in dependence to Serbia, Montenegro, and Rumania, and autonomy to a large Bulgarian state. No such provision was either sought or executed for the Armenians. Sultan Abdul Hamid II (1876-1909) believed Muslim superiority in the Ottoman Empire. He determined to annihilate the Armenian nation perfectly, and to sweep away that hated Christianity which provoked Europe to interfere. He feared nineteenth-century Armenian Renaissance, and to abort it he preferred to use force, including massacre. Lepsius mentions that the Armenian massacres were caused by the threats for reforms made by the Great Powers. On the night of 23/24 April 1915, numbers of Armenian political, religious, educational, and intellectual leaders in Constantinople were arrested, deported into Anatolia, and put to death. Minister of Internal Affairs Talaat Pasha ordered Armenian deportation from the war zones to relocation centers-actually the deserts of Syria and Mesopotamia. Armenian soldiers of the Ottoman armies were taken out in groups and murdered. The adult and teenage males were swiftly separated from the deportation caravans and killed immediately under the direction of Young Turk officials and agents, the gendarmerie. Women and children who were drive for weeks over mountains and deserts, often dehumanized by being stripped naked and repeatedly preyed upon and abused. About 1,500,000 of the Armenians have been slaughtered by Sultan Abdul Hamid II, The Young Turks and Nationalists in 1894-1923. The survivors of the Ottoman-Armenian were condemned to a life of exile and dispersion and could not help being resigned to inevitable acculturation and assimilation all over the world. The writer's aim in this paper is to raise the following three questions: What happened? Why did it happen? And what might be leaned from the Armenian case?
著者
井戸田 博史
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.21, pp.39-48, 1985-05-20

The present paper is an extract from my presentation "The Name Policy in the early Meiji Era" given at the conference of the Japan Association of Legal and Political Sciences in May, 1984. Before Meiji, a person's surname indicated his lineage and his privileged status. Only the people in the privileged classes-the samurai class and above-were permitted to have their family names. In the Meiji Era, however, the surname came to be regarded as the name of "Ie(家)" after many complicated processes, and it was ordered that all Japanese should have their surnames. After the Second World War, "Ie(家)" was abolished, and as the result, today's surname has come to be considered to be the name of the individual. Actually, however, the surname is not necessarily understood as the name of the individual in our feelings and customs, and consequently, it brings forward many problems. Therefore, the problems involved in the surname are old but new. Our surnames today are based on the name policy adopted in the early Meiji Era. The purpose of this paper is to clarify the nature of the name policy adopted in that period, because it will be an important clue to approach the complicated problems involved in the present-day surname. This paper contains the following items: 1. Introduction 2. The way to "the Ordinance to compel the Commoner to have their Surnames" (1) The denial of the "privileged surname" given by the former Tokugawa shogunate (2) "The Ordinance to Permit the Commoner to have thier Surnames" 3. The Ordinance to Compel the Commoner to have their Surnames 4. Prospects