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

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

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

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

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

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.5, pp.27-47, 1998-12-19

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The Constitution of the Empire of JAPAN in 1889 (Meiji Constitution) was most influenced by the Prussian Constitution in 1850. In this Essay I studied comparatively both constitution, distinguishing points of similarity and difference. Especially I emphasized originality of Meiji Constitution which was not existent in the Prussian Constitution.

著者

大野 正博

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.16, pp.153-178, 2009-12-22

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This article aims to investigate the legality of retaining waste as left property which was determined by the Supreme Court on April 15, 2008 based on discussions in the United States, such as California v. Greenwood, 486 U.S. 35 (1988). Criminal Procedures Law Article 221 is provided for "A public procurator, a secretary of the public procurator's office, or a policeman may retain an article or articles left by the suspect or other persons, or produced voluntarily be the owner, possessor, or custodian." The Supreme Court entered a judgment in which it acknowledges that if the investigation authority renders the necessity of examining discarded disposable waste at waste collection locations on public roads, based on Article 221 in the Code of Criminal Procedure, the investigation authority may retain such waste as left property. Conclusively, this judgment was appropriate in general. However, there are some problems in views of (1) authorization of possession renouncement and (2) privacy right protection for the persons who disposed the waste. It is considered impossible to seize such waste though it is "left property." If the waste is considered to be important evidence, then it is rather appropriate for the investigation authority to proceed with the seizure. We await accumulation of judicial cases which maintain the balance between "the necessity of investigation" and "privacy right protection of the disposers."

著者

齋藤 隆広

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.12, pp.29-49, 2005-12-17

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Act on the Protection of Personal Information was enacted in December 2003. This study aims to analise the backgrounds of the Act and how to deal with the issue in relation to personal information based on the guidelines and precedents which are applied to medical institutions.

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.3, pp.25-52, 1996-06-28

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D. S. LUTZ attempts to link the theoretical premises underlying one important aspect of constitutional design, the amendment process, with the empirical patterns revealed by a systematic, comparative study of constitutions. He begins with a brief overview of the theoretical assumptions that underlay the formal amendment process when it was invented, identify a number of theoretical proposition concerning the amendment process, and then look for patterns in the use of the amendment process. The purpose of this paper is to examine such a cross-national empirical analysis developed by LUTZ and discuss his theory of constitutional amendment.