独立の司法とは : 現行憲法の成立時及び裁判所法制定時の議論を中心にして

抄録

The current Japanese Constitution prescribes "Judiciary" on the seven clauses, from Article 76 to Article 82 in the 6th chapter. Neither the Diet nor the Cabinet is named due to their functioning powers, but the Judiciary is named due to its functioning power. The Meiji Constitution had the same chapter names. So it wouldn't be possible to find the special meaning there. But to use the same chapter names means that there are so big difference between the old and the new constitution in the impression received from and the contents to put the word Judiciary. Of course it is usually described that there is great difference between the old and the new constitution in their territory and authority and that is clear when we compare the actual systems. However the more its difference is emphasized in the actual system, the more we miss a lot of things. In this paper, I have tried to examine what kind of the Judiciary system was tried to be envisaged when the current Constitution was drafted, and at least, until its enforcement the Court Act was legislated upon review of the discussion that has been done around the judiciary. In particular, I have tried to clarify the issue of reappointment of the judges and the term of office of the judges of the inferior courts.