著者

小森 義峯

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.9, pp.1-20, 2002

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In the constituent Imperial Diet of 1946, Premier Yoshida explained that all war and all war potential including a war and war potential for self-defense were renounced on the Art. 9 of the draft of the Japanese Constitution. Japanese successive Cabinet has been adopting this interpretation on the Art. 9. Therefore, the present Cabinet also insists on the unconstitutionality of Execution of the right of collective self-defense. On the other hand, according to the interpretation of Kyoto school, as the Art. 9 renounces only a war as means of settling international disputes, by a general idea of international law, we can execute the right of collective self-defense. In this thesis, from a standpoint of Kyoto school, I advice change of the govermental interpretation on the Art. 9 of the Japanese Constitution.

著者

倉山 満

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.17, pp.91-111, 2010

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It is said that Yoshino Sakuzo was a standard-bearer of the democracy of Japan. However, it is assumed that it takes advantage of an expansionist current of the times in the youth, and nationalism speech and behavior was done by him. A current research is exaltation of the nationalism done when he is young and it is insisted that thought be fundamentally changed. I wonder whether the nation was existence that can be thrown away however for Yoshino. No, it is not so. Even if the insistence was changed for Yoshino according to the change in the situation, the nation outlook that existed in the basis was immovable. In this thesis, whether Yoshino really changed thought is verified through the key words. These are "Nation State", "Constitutionalism", and "Election and party politics". Moreover, there are "Modernist", "British type monarch system", and "Security" importance in "Constitutionalism".

著者

倉山 満

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.14, pp.107-131, 2007

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Yoshino Sakuzo is often called "the most significant political scientist in Taisyo era". His legal logic and his work should not be ignored. With a view of Yoshino as a political scientist, we must pay great attention to work of this great jurist. Yoshino strongly demanded Democracy in Japan. Especially he insisted on the party government system, because he wanted to reflect the public opinion thorough the general election. He also made an effort to establish the convention of the constitution. Although the corruption of two major parties disappointed him and most Japanese people, normal constitutional practice was repeated and put an emphasis on. Finally, Yoshino's ideal did not come true. From 1932 to 1945, normal constitutional practice was abolished. However, every cabinet could not ignore the House of Representative. The convention of the constitution, in which the cabinet distrusted by the House of Representative selects the choice of resignation or the dissolution, remained. Yoshino idealized british constitutional government, and demanded the practice and the convention in Japan. Though he never admired american constitutional code, Yoshio is nowadays considered Wilsonian or Wilsonist. We must correct such an evaluation of him.

著者

川田 敬一

出版者

関西憲法研究会

雑誌

憲法論叢 (ISSN:1343635X)

巻号頁・発行日

no.6, pp.45-64, 1999-12-20

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The relationship between the Imperial Household and the nation, and a distinction between the emperor's public and private life are not clear. In order to clarify this, I focused my attention on the history of the system of the Imperial Household's property. This manuscript serves as evidence, for the first phase, of the fact how the State Department of the United States, GHQ and the Ministry of the Imperial Household tried to deal with the property of the Imperial Household, around the end of the Pacific war (when Japan surrendered).

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

倉山 満

出版者

関西憲法研究会

雑誌

憲法論叢 (ISSN:1343635X)

巻号頁・発行日

no.9, pp.67-92, 2002-12-23

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Almost analysts consider that Manchurian incident was SINRYAKU (侵略=cruel aggression) of Japan which was caused by Kwantung Army's runaway. There have been few legal studies about Manchurian incident. Japan was blamed because he broke the Nine-Power Treaty, the Kellogg-Briand Pact, and the Convenant of the League. But Japan's act is not injustice in international law. Before Manchurian incident, the Republic of China could not rule Manchuria. The act of Kwantung army is naturally illicit. But eventually, it was evasion. We must analyze Manchurian incident not only by perspective of politics but also by perspective of international and domestic law.

著者

富永 健

出版者

関西憲法研究会

雑誌

憲法論叢 (ISSN:1343635X)

巻号頁・発行日

no.3, pp.71-90, 1996-06-28

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There is no provision for emergency powers in the constitution of Japan. There are various discussions on that matter, and I take up the problem on the enactment of emergency powers. This essay consists of following. (1) Introduction. (2) Conditions and types. (3) Necessity of the enactment : whether or not it should be provided in the constitution. (4) Course of enactment : what provisions we lay down. (5) Conculusion : I think that it is necessary to provide for the comprehensive emergency powers in the constitution.

著者

小森 義峯

出版者

関西憲法研究会

雑誌

憲法論叢 (ISSN:1343635X)

巻号頁・発行日

no.7, pp.1-21, 2000-12-20

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In Japan, after restoration of sovereignty, there was the first movement (1952-1960) of amendment to the Constitution for rearmament. Secondly, there was a resting stage (1960-1990) in high growth of economy. Thirdly, since 1990 there is a new movement of amendment to the Constitution for international contribution of man power. But I am sorry to say that they forget the traditional Emperor system as a fandamental problem of amendment to the Japanese Constitution in all period.

著者

川田 敬一

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.15, pp.151-188, 2008

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Under the occupation, the Japanese government needed to enact the new legal system of the Imperial House in line with the policy of GHQ. This paper treats the Japanese Constitution Articles 8 and 88, the Imperial Economy Law and the Law for Enforcement of the Imperial Economy Law. On the discussion of every system, GHQ required that the Diet under the new constitution controlled the Imperial Economy and the system made clear. On the other hand, Japanese government intended to prepare the system that established Imperial financial basis.

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

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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

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

林 弘正

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.115-152, 2009

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In this article, I have referred to the current state of child abuse in Japan and listed serious problems in solving from the viewpoint of the criminal law. The prevention of child abuse is indispensable to constructing of social systems and it needs multidisciplinary corporation with the other organizations and various occupations like the Multidisciplinary Team. We have to continuously study and share experience that leads to protect child from abusing and prevent child abuse. The childhood sexual abuse is one of child abuses that victims are forced to be imposed a lot of emotional burden and the most of victims has frequently suffered from PTSD. Especially in the case that perpetrators are father by birth or teacher. In such case the victims are forced more difficulties in recovery due to self-reproach. So childhood sexual abuse should be considered this status and take measures to prevent from the viewpoint of the public health. I would like to propose three new provisions for childhood sexual abuse in order to prevent childhood sexual abuse and regain the victim's self-esteem. 【Proposal 1】Make a new provision that the age of object raises from 13 to 14 in case of crimes of rape and forcible indecency. 【Proposal 2】Make a new provision to forbid childhood sexual abuse by a person who is at a certain position like a person being relatives, the one living with a child obliged to care for, or the one obliged to teach or guide.

著者

奥村 文男

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.3, pp.53-69, 1996

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Most scholars interpret, this "Political Authority" as a "Governmental Power." However, today in Japan, we cannot imagine religious groups will exercise a "Governmental Power" literally. Therefore, this interpretation has only a historical meaning. Recently many problems have been caused by religious groups such as OUM Shinrikyou. Considering the many problems surrounding religious groups, "Political Authority" should be properly interpreted based on such new movements.

著者

倉山 満

出版者

関西憲法研究会

雑誌

憲法論叢 (ISSN:1343635X)

巻号頁・発行日

no.11, pp.47-68, 2004-12-20

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Today, Normal Constitutional Practice (Kensei no Jodo) is disregarded by almost constitutionalist in Japan. But it was built as Constitutional Convention. It triumphed several ordeals. In fact, a party government was stronger than any other organs. The privy Council, the House of Lords, the bureaucrats and the military authorities that should have veto could not overthrow of the cabinet without help by the Opposition. The strongest veto group was the House of Representatives. Its political resource was power of command by cabinet that includes the Ministry of Finance. The elder statesman Saionji protected the customs. Though it was indicated that parliamentary government was crushed by pressure, the essence is suicide of two major parties, and it disturbed constitutional government in The Empire of Japan.

著者

眞次 宏典

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.10, pp.93-120, 2003

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Whenever we discuss about modern constitutions and political order, the notion of 'an absolute', namely divine or despotic power appears in our discourse. Such notions as natural law, natural rights, the basic norm, sovereignty and constituent power show the existence of 'an absolute' in our theories of the modern constitution and political order. If seems that 'an absolute' has been indispensable to the theories of the modern state and the constitution. But is it true? Examining the notion of 'an absolute' in our theories of the modern state and the constitution, this paper makes a critical analysis of the reason as to why 'an absolute' appeared in the modern age.

著者

大矢 吉之

出版者

関西憲法研究会

雑誌

憲法論叢 (ISSN:1343635X)

巻号頁・発行日

no.14, pp.21-51, 2007-12-26

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Ichiro Ozawa, representative of Democratic Party which won the House of Councilors election objected to extension of Antiterrorism Law, and the law lapsed on November 1. As for the reasons of his opposition, he said that the refueling activity of the Marine Self-Defense Force in the Indian Ocean is a cooperation to the American war and the use of the right of collective self-defense is not recognized by the Japanese constitution. He published his essay in "Sekai" magazine and clarified the thought. This article examines these problems critically.

著者

長尾 英彦

出版者

関西法政治研究会

雑誌

憲法論叢 (ISSN:1343635X)

巻号頁・発行日

no.14, pp.91-106, 2007-12-26

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YAMATO(Spediteur) behaupt, dass die neue System der Postpaketgebuhren wird einer unberechtig Ausverkauf und Kartellgesetz-ubertretung. YAMATO fordert das Verbot. Das Gericht weist die Behauptung ab. Wahrscheinlich ist es angemessen. Denn, Ich denke, dass das Unternehmensausfuhrung des YAMATO sei unbewegt und so das Postpaket macht es schwierig nicht. Aber, angesichts anderes Falls, vermute Ich, es besteht eine Tendenz des Gerichtes, der Anerkennung des "unberechtig Ausverkauf" eng Schranken zu setzen.

著者

南部 義典

出版者

関西法政治研究会

雑誌

憲法論叢 (ISSN:1343635X)

巻号頁・発行日

no.20, pp.3-58, 2014-03-28

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The law of the procedure of amendment to constitutional law of Japan (National Referendum Law) is enforced, but legally incomplete. Three legislative matters as to the additional rules of NRL have still been unsolved, so the referendum would not have been held under right operation. As this legal obstacle, for example, in case of the proposal for the amendment to the qualified voters by the National Diet, the minimum age of voting cannot be settled administratively at eighteen or twenty. And more, the range of regulation to referendum campaign by the public officials is legally unclear. At the 185th Diet, the reform proposals by Liberal Democratic Party and Japan Restoration Party to solve the legislative matters had been argued, but each proposal was not enacted. I expound about the contents of the reform proposals and the circumstances to be enacted in this article. For the more effective argument to amendment to constitutional law, the reform proposal of NRL shall be enacted as soon as possible, based on the wide consensus between the government parties and the opposition ones.

著者

土居 靖美

出版者

関西憲法研究会

雑誌

憲法論叢 (ISSN:1343635X)

巻号頁・発行日

no.10, pp.39-51, 2003-12-20

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The theory was appeared in the Note of the Harvard Law Review (Vol115, No.4) on the bombing of the World Trade Center of Sept 11, 2001. President Bush used the armed forces of US to prevent future acts of terrorism. Sept 11 attack seems somehow different from the other event. This logic offers two explanations for the change in policy based in economic analysis and based in shifts in favored rationales for criminal punishment.

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

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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.