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:24330795)
巻号頁・発行日
vol.1, pp.1-11, 1994-04-15 (Released:2018-01-10)

The 17 Articles Constitution by established Prince Shotoku has been neglected as one of no value by many constitutionalists of Japan. But such a tendancy is not right. In this essay, I emphasized (1) importance as the first written constitution of Japan, (2) importance as a national essential polity of Japan, (3) importance as the first written constitution all the world, (4) importance as a useful constitution for the future on this subject.
著者
久保 憲一
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.25-36, 1994-04-15 (Released:2018-01-10)

A number of scholars of the Japanese Constitutional Law believe that status of Japanese Emperor was demoted from the head of the Empire (combining in Himself the rights of sovereignity) to the symbol of the State and of the people after the defeat in the World War II. I disagree with this perspective. Because it is based on old formula and traditional definition of monarchy, it is an obsolate point of view. The purpose of this paper is to substantiate my disagreement with the above conception.