The law of the procedure of amendment to constitutional law of Japan (National Referendum Law) is enforced, but legally incomplete. Three legislative matters as to the additional rules of NRL have still been unsolved, so the referendum would not have been held under right operation. As this legal obstacle, for example, in case of the proposal for the amendment to the qualified voters by the National Diet, the minimum age of voting cannot be settled administratively at eighteen or twenty. And more, the range of regulation to referendum campaign by the public officials is legally unclear. At the 185th Diet, the reform proposals by Liberal Democratic Party and Japan Restoration Party to solve the legislative matters had been argued, but each proposal was not enacted. I expound about the contents of the reform proposals and the circumstances to be enacted in this article. For the more effective argument to amendment to constitutional law, the reform proposal of NRL shall be enacted as soon as possible, based on the wide consensus between the government parties and the opposition ones.
In 2009, in a thesis titled "The Concept of Judicial Power in the Early Period of American Constitution", the author tried to show how the judicial power was concepted during drafting and early era of American constitution. In that thesis, the author considered about drafting process of article 3 of the Constitution, Federalists' view of the judicial power, early debate about advisory opinions, and early 2 U.S. supreme court cases. In that thesis, as a conclusion, the author found out that the judicial power had not took a shape yet, and still on the way to be defined (still, need for some sort of "case" was clear). However, further consideration about some more topics such as Anti-Federalists view of judicial power, Judiciary Act of 1789, and debate about concept of early judicial review, will enable closer look at early concept of judicial power. In this thesis, the author will discuss those topics, and shows more specific figure of early concept of judicial power.
In recent year, "Corporate Social Responsibility: CSR" has been discussed in various countries. I think, to discuss on CSR is eventually to consider a question that "For whom is the corporation exists?", and furthermore, to consider a question that "What is to be prescribed by the Corporation Law?". I have plans to consider them soon. But, in order for me to consider them, a preparatory stage of considering the CSR is required. This paper corresponds to a preparatory stage of my next study. Therefore, in this paper, first, I sketch the outlines of CSR theory where came from and how represents the historical development. Then, I introduce the basic theories and concepts that are included in the present concept of CSR. At the end, I consider them, from the perspective as a researcher of the Corporate Law.
In drafting of the Japanese Constitution GHQ intended to: Establish a constitutional monarchy with sovereignty reposing in the people by modifying the Emperor system and making the Emperor the ceremonial head of the state. The Emperor has lost all formal and informal political powers. He refrains from giving any political comments. However, the Emperor is not only a mere symbol of the state, but also an active symbol which does function as integrate center by the medium of "acts in matters of state" and another "public acts". The Emperor enjoys a sound social legitimacy since 1945. What is source of this legitimacy?
Dieses Papier, wie einer Buchbesprechung von Prof. Katsuhiro Shoji, Neue EU-Recht(Grundlich Ausgabe), Iwanami-Shoten, Tokio, 2013. geschrieben. Dieses Buch stellt die Grundlage der EU-Rechts. Und wir sind in der Lage, systematisch verstehen den Mechanismus und die Logik des EU-Rechts. Professor Shoji ist der Autor dieses Buches heisst es, dass das EU-Recht ist das Geheimnis des Erfolgs der europaischen Integration. Dieses Buch zeigt, Mechanismus des Regierens in der EU, der Rechtsordnung der EU, und der Schutz der Menschenrechte in der EU.