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.