著者
富永 健
出版者
関西法政治研究会
雑誌
憲法論叢
巻号頁・発行日
no.1, pp.49-58, 1994-04-15

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
南部 義典
出版者
関西法政治研究会
雑誌
法政治研究 (ISSN:21894124)
巻号頁・発行日
vol.First, pp.145-191, 2015-03-29 (Released:2017-07-06)

The Act on the Partial Revision of National Referendum Act was enacted at the 186th ordinary session of the Diet, and was enforced on June 20, 2014. By this revision, the minimum age of voting in the referendum regarding constitutional amendment is prescribed at twenty for next four years, and the age will be at eighteen four years later. But the minimum age of voting in public elections, the age of majority in the Civil Code, and the age of application for Juvenile Act are remained at twenty, lowering promptly these ages to eighteen is recognized as an important problem at the point of view of legal uniformity. At the final stage of the 187th extraordinary session of the Diet, the Bill for the Act on the Partial Revision of the Public Offices Election Act (to lower the minimum age of voting) was submitted, but was scrapped due to dissolution of the House of Representatives. Additionally, the problems as to the regulation to organizational campaign by the public officials, expansion of the referendum subjects, methodology of political education and the others are also emerging in relation to NRA system. These remaining problems should be solved legislatively on the wide consensus of political parties, according to the initiative requirement of Article 96 of the Japanese Constitution. It is considered definitely that to solve legislative problems as to NRA on the wide consensus is politically important requirement to lead to the success to the initiative for the amendment to Japanese Constitution by the Diet in future.
著者
久保 憲一
出版者
関西法政治研究会
雑誌
憲法論叢
巻号頁・発行日
no.1, pp.25-36, 1994-04-15

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.