著者
長谷川 隼人
出版者
一橋大学大学院法学研究科
雑誌
一橋法学 (ISSN:13470388)
巻号頁・発行日
vol.15, no.1, pp.253-272, 2016-03

This article aims to elucidate the economic revitalization ideas of Nobusuke Kishi and review the political implication of the Japan Reconstruction League (Nihon Saiken Renmei, JRL). Kishi's basic economic revitalization vision was identical to that of the Yoshida administration. However, Kishi took a critical attitude toward the economic policy of the Yoshida administration. Prime Minister Yoshida and the Liberal Party (LP)placed a high value on the market economy. In contrast with PM Yoshida, Kishi insisted that the government must embrace socialistic policy for economic revitalization. Therefore, he sympathized closely with the Rightist Socialist Party of Japan (RJSP) and the left wing in the Reform Party (Kaishinto, RP). For that reason, Kishi and the JRL sought to create a new party dominated by the RJSP and RP to execute his economic view. They expected Mamoru Shigemitsu to assume the position of new party leader. However, the RJSP rejected the forging of a bipartisan coalition in order to avoid intraparty conflict and Mr. Shigemitsu assumed the position of RP leader. Thus the JRL's political plan was eventually aborted. In the aftermath, Kishi switched his political plan to change the LP, which tried to create the Progressive conservative party in order to execute his economic revitalization plan. Kishi used the constitutional revision agenda to galvanize conservative politicians.
著者
長谷川 隼人
出版者
一橋大学大学院法学研究科
雑誌
一橋法学 (ISSN:13470388)
巻号頁・発行日
vol.14, no.3, pp.1017-1042, 2015-11

This article aims to elucidate the economic revitalization ideas of Nobusuke Kishi and review the political implication of the Japan Reconstruction League (Nihon Saiken Renmei, JRL) . Kishi's basic economic revitalization vision was identical to that of the Yoshida administration. However, Kishi took a critical attitude toward the economic policy of the Yoshida administration. Prime Minister Yoshida and the Liberal Party (LP) placed a high value on the market economy. In contrast with PM Yoshida, Kishi insisted that the government must embrace socialistic policy for economic revitalization. Therefore, he sympathized closely with the Rightist Socialist Party of Japan (RJSP) and the left wing in the Reform Party (Kaishinto, RP) . For that reason, Kishi and the JRL sought to create a new party dominated by the RJSP and RP to execute his economic view. They expected Mamoru Shigemitsu to assume the position of new party leader. However, the RJSP rejected the forging of a bipartisan coalition in order to avoid intraparty conflict and Mr. Shigemitsu assumed the position of RP leader. Thus the JRL's political plan was eventually aborted. In the aftermath, Kishi switched his political plan to change the LP, which tried to create the Progressive conservative party in order to execute his economic revitalization plan. Kishi used the constitutional revision agenda to galvanize conservative politicians.
著者
森村 進
出版者
一橋大学
雑誌
一橋法学 (ISSN:13470388)
巻号頁・発行日
vol.6, no.3, pp.1153-1178, 2007-11
著者
松園 潤一朗
出版者
一橋大学大学院法学研究科
雑誌
一橋法学 (ISSN:13470388)
巻号頁・発行日
vol.16, no.3, pp.89-140, 2017-11-10

This article researches the Japanese land system before modern times, especially in the Heian period. The relation between possession and title is widely different from that in modern law where the proprietary right is conceptual and absolute. In the Heian period, the right to land was expressed by many different forms. Possession(chigyo)was justified by various titles called ri, which included documents issued by authority, assurance, lineage, cultivation, precedent, long-term possession, and so forth. These titles were claimed by the litigant parties and recognized by judges in courts. Previous studies have argued that in Japanese land law before modern times, documents issued by the authorities represented a definite right to the land. But the diversity of titles in the Heian period is a remarkable characteristic common to medieval law.
著者
小関 武史
出版者
一橋大学
雑誌
一橋法学 (ISSN:13470388)
巻号頁・発行日
vol.1, no.3, pp.687-721, 2002-11-10

論文タイプ||論説
著者
大林 一広
出版者
一橋大学
雑誌
一橋法学 (ISSN:13470388)
巻号頁・発行日
vol.10, no.1, pp.429-445, 2011-03
著者
後藤 昭
出版者
一橋大学大学院法学研究科
雑誌
一橋法学 (ISSN:13470388)
巻号頁・発行日
vol.13, no.2, pp.495-523, 2014-07-10
著者
森村 進
出版者
一橋大学大学院法学研究科
雑誌
一橋法学 (ISSN:13470388)
巻号頁・発行日
vol.6, no.3, pp.1153-1178, 2007-11
著者
川鍋 健
出版者
一橋大学大学院法学研究科
雑誌
一橋法学 (ISSN:13470388)
巻号頁・発行日
vol.15, no.2, pp.799-853, 2016-07

While the great series of constitutional theory, We the People, written by Professor Bruce A. Ackerman, vividly describes what We the People in the U. S. has achieved in the constitutional canon without the form of the amendment, his historiography does not succeed in justifying why the existing We the People has to obey such an illegitimate Constitution. This article, firstly, clarifies his theory's failure with both the methodology of 'history of law' and 'history and law.' The evidence shows his methodology of 'historicism' cannot define what the constitutional canon should be or should have been although it can define what the constitutional canon is or was. Secondly, comparing Ackerman's recent fundamental idea, 'living Constitution,' with Professor D. Strauss's one, this article refers to the common expectation regarding court's activities creating the constitutional canon and promoting democracy. However, in conclusion, this article asserts the thought of 'living Constitution' still fails to justify the illegitimacy of the U. S. Constitution even though modern constitutional studies conceived the constitutional illegitimacy as a significant topic through his contribution.
著者
川鍋 健
出版者
一橋大学大学院法学研究科
雑誌
一橋法学 (ISSN:13470388)
巻号頁・発行日
vol.16, no.1, pp.165-206, 2017-03

This article considers Professor Jack M. Balkin's text on the methodology of constitutional interpretation, Living Originalism, and his historical narrative of legitimating the U.S. Constitution, Constitutional Redemption. In both books, Balkin's commitment to equal citizenship of the U.S. Constitution and abundant reference to American history are influenced by Professor Bruce A. Ackerman's constitutional theory. This article recognizes that Balkin's dichotomy between "hard-wired" rules and abstract principles in constitutional interpretation succeeds in justifying a broad constitutional construction including apparently illegitimate constitutional changes such as Reconstruction and the New Deal. In addition, this article concedes that Balkin's acceptance and revision of constitutional historicism from Ackerman's theory are convincing because the dynamism of constitutional security, Living Constitutionalism, can be normatively controllable through historical reference even though Living Constitutionalism is frequently conceived of as approval of easy transition of the Constitution. This article also supports Balkin's implication that positive judgment of the Constitution by the judiciary contributes to promotion of democracy and popular sovereignty as establishment of equal citizenship. Finally, this article alludes to the applicability of Balkin's theory to the Japanese Constitution.
著者
丸山 政己
出版者
一橋大学大学院法学研究科
雑誌
一橋法学 (ISSN:13470388)
巻号頁・発行日
vol.17, no.3, pp.95-114, 2018-11-10

The balance between dynamic evolution and legal stability or fragmentation and integration of international legal order are always challenges for multilateral treaty regimes. This is partly related to the traditional debate on the status of the constituent instrument of international organizations(IOs)―particularly of IOs' own practice―in treaty interpretation. In this regard, the ILC adopted the Draft conclusions on subsequent agreements and subsequent practice in relation to the interpretation of treaties(the Conclusions) in 2018. The Conclusions is relatively self-restraining and remains within consensualism in international law. However, there are some remarkable points: clarification of subsequent practice of not the all parties as a supplementary means under Art. 32 of the Vienna Convention on the Law of Treaties ; a broader concept of the IOs' practice(Conclusion 12- 3); and indication of controversial evolutive interpretation while revision by subsequent practice is generally excluded. An examination of the Conclusions and its commentaries suggests fundamental issues to be explored. First, while the inherent doctrine of interpretation of constituent instruments still has its rationale, we have faced increasing diversity shown by various IOs. Is it really possible of general doctrine for every IO? Second, how can the extent and conditions of de facto revision by subsequent practice be found from the perspective of global constitutionalism? Lastly, reconstructing the concept of IOs' practice including organs not composed of member states, can we pursue legal control mechanisms in IOs? The agreement of all the parties will remain pivotal unless these issues are seriously addressed.
著者
森村 進
出版者
一橋大学大学院法学研究科
雑誌
一橋法学 (ISSN:13470388)
巻号頁・発行日
vol.1, no.2, pp.207-221, 2002-06

論文タイプ||研究ノート