著者

抱 喜久雄

出版者

関西法政治学研究会

雑誌

憲法論叢

巻号頁・発行日

vol.1, pp.13-23, 1994

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It has been argued how the state should compensate for damages caused by state-run inoculation program. In 1984, the Tokyo District Court handed a ruling in favor of the plaintiff's claims for indemnity by analogically applying Art.29, cl.3 of the Japanese Constitution. In the appellate trial, however, the Tokyo High Court overturned the initial decision and approved the claims of the appellant (plaintiff in the first trial) for damages by applying Art.1, cl.1 of the State Liability Act. In this paper, I will study problems related to 'state compensation' through an analysis of the decision by Tokyo High Court.

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:24330795)

巻号頁・発行日

vol.1, pp.13-23, 1994-04-15 (Released:2018-01-10)

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It has been argued how the state should compensate for damages caused by state-run inoculation program. In 1984, the Tokyo District Court handed a ruling in favor of the plaintiff's claims for indemnity by analogically applying Art.29, cl.3 of the Japanese Constitution. In the appellate trial, however, the Tokyo High Court overturned the initial decision and approved the claims of the appellant (plaintiff in the first trial) for damages by applying Art.1, cl.1 of the State Liability Act. In this paper, I will study problems related to 'state compensation' through an analysis of the decision by Tokyo High Court.

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

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.10, pp.17-37, 2003-12-20 (Released:2018-01-10)

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English unwritten constitution is a great help to (a) maintenance of old and good tradition and civilization, (b) flexible correspondence to changing social circumstances, (c) stability of legal life by no calling an unconstitutionality in question. On the other hand, in Japan, the problem of amendment to the Japanese Constitution is greatly discussed now. Many drafts of the new constitution appear. But, in my opinion, an unwritten constitution is extremely suitable for the new Japanese constitution, because historically Japan is elder than England. In this thesis, a table of contents is as follows : (1) general idea of an unwritten constitution, (2) sources of law of the English unwritten constitution, (3) merits of the English unwritten constitution, (4) the significance of an unwritten constitution in Japan, (5) sources of law of the Japanese unwritten constitution, (6) a comparative study of Magna Carta in England and the 17 Articles Constitution in Japan, (7) Conclusion.

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:24330795)

巻号頁・発行日

vol.3, pp.53-69, 1996-06-28 (Released:2018-01-10)

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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

小森 義峯

出版者

関西法政治学研究会

雑誌

憲法論叢

巻号頁・発行日

vol.1, pp.1-11, 1994

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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

小野 義典

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.11, pp.69-86, 2004-12-20 (Released:2018-01-10)

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This paper which is written at view of International law reviews some issues that conflict between domestic applicability of International Law and Constitutional Order. The issues have been understood in the Confrontation with the Monism or the Dualism. After the World War II, the issues have not consisted only on the Monism or the Dualism but also new theory -the Theory of Coordination. This new theory is supported by many Scholars of International Law today. I think it is noteworthy that the theory offers the key to understanding of the relation between International law order and Domestic law order.

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.3, pp.1-24, 1996-06-28 (Released:2018-01-10)

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According to the provisions of the Japanese Imperial House Law, the right of succession to the Imperial Throne is limited to men in the male line of the Emperor. On the other hand, the existence of a Queen (Empress) is accepted in all European monarchy at present. Additionally, there were no doubt 8 empresses in Japanese constitutional history. Therefore, in this thesis, I proposed adoption of the English style of the system of succession to the Imperial Throne in Japan.

著者

富永 健

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.12, pp.73-94, 2005-12-17 (Released:2018-01-10)

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This essay increases consideration whether 'the theory of the Emperor as an organ of government' is against Kokutai (the national polity, or the fundamental character of the state). The most important point at issue there relates to the subject and contents of the sovereignty. In this essay, I examine theories of Yatsuka Hozumi, Shinkichi Uesugi, Tatsukichi Minobe and Soichi Sasaki. I conclude that the theory of the Emperor as an organ of government is not against Kokutai. The constitution of this essay is as follows : (1) Introduction, (2) Criticism for a national judicial person theory, (3) 'The theory of the Emperor as a subject of the sovereignty' and Kokutai, (4) 'The theory of the Emperor as an organ of government' and Kokutai, (5) Discussion around sovereignty, (6) Conclusion.

著者

富永 健

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.49-58, 1994-04-15 (Released:2018-01-10)

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In this paper, I study three high courts decisions on the official visiting of the primeminister to the Yasukuni Shrine. I think that there are several problems in these decisions. And so I take up three points : (1) problem of standing to sue on the provision of the separation of religion and politics, (2) whether the religious personarity right is a legal right or interest, (3) what constitutional decision should be.

著者

山崎 将文

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.18, pp.25-54, 2011-12-19 (Released:2018-01-10)

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The curriculum for training care worker has been reconstituted in 2009. The new education program "The Human Dignity and Independence" has been established. It was the considerable case for this writer who is investigating "Human Dignity" in constitutional law. Therefore in this paper I have examined for "Human Dignity" in social welfare from constitutional law point of view. As a consequence, I have concluded that "Human Dignity" is different from "Dignity of the Individual". "Dignity of the Individual" is frequently misleadingly referred as isolated each individual is dignified venerable. Hence though many of laws which related with social welfare define "Dignity of the Individual", however I would like to propose that "Dignity of the Individual" should be amend as "Human Dignity".

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:24330795)

巻号頁・発行日

vol.16, pp.1-34, 2009-12-22 (Released:2018-01-10)

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:24330795)

巻号頁・発行日

vol.18, pp.1-24, 2011-12-19 (Released:2018-01-10)

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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

林 弘正

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.16, pp.115-152, 2009-12-22 (Released:2018-01-10)

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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

川田 敬一

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.15, pp.151-188, 2008-12-27 (Released:2018-01-10)

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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

富永 健

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.3, pp.71-90, 1996-06-28 (Released:2018-01-10)

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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

抱 喜久雄

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.13, pp.19-38, 2006-12-26 (Released:2018-01-10)

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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

山崎 将文

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.16, pp.35-68, 2009-12-22 (Released:2018-01-10)

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The purpose of this paper is to consider the relations between the individual and the family in the Japanese Constitution. Article 13 of Japanese Constitution prescribes "the respect as individuals", and Article 24 Paragraph 2 prescribes "the dignity of individual in the family life". Therefore, it is said that the Japanese Constitution expresses a principle of the individualism generally, and besides, adopts the individualism that individuals are always superiority to families, moreover it adopts the radical individualism which breaks up families. However, the author had observed the process of establishment of the Japanese Constitution to interpret the constitutional articles, then arrives at the following conclusion: the Japanese Constitution does not always deny the protection of the family, rather protects the family.