憲法学における民主主義の 原理をめぐる論点整理・序論

抄録

The purpose of this paper is to summarize Japanese constitutional scholars' arguments on the theory of democracy. This paper illustrates how mainstream constitutional scholars talk democracy - especially, national sovereignty and popular sovereignty, constitutional democracy and majoritarian democracy, or direct democracy and indirect democracy. On the standpoint of deliberative democracy, holding public referendum about public policy is never desirable. Even though it has no legal binding force, public vote without any parliamentary discussion inhibits representatives' self-directive deliberation.