法政論叢
Online ISSN : 2432-1559
Print ISSN : 0386-5266
ISSN-L : 0386-5266
28 巻
選択された号の論文の24件中1~24を表示しています
  • 原稿種別: 表紙
    1992 年 28 巻 p. Cover1-
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 表紙
    1992 年 28 巻 p. Cover2-
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 付録等
    1992 年 28 巻 p. App1-
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
  • 小林 良彰
    原稿種別: 本文
    1992 年 28 巻 p. 1-10
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
    The issue on the political reforms has become more and more as a critical issue. The report which was issued by the 8th Electoral System Research Council on April 1990 was agreed by the LDP but in failed to pass the Diet. In this current situation, it is natural that the title "The Problems Related to the Political Reforms" was discussed at the symposium of the Japan Association of Legal and Political Science, 1991. We all admit the significance of the report issued by the Council which consists solely by non-politicians, however;we are also aware that the Council is also an advisory body of the Premier and the report is far from satisfactory. As our objectives being proposals of the new ideas which supplement current reform plans, this year's reports given at the symposium was very meaningful to the all members. The three reports, "The Correcting of the Representative Values" by Prof. Aminaka; "The Political Reforms and Electoral System" by Prof. Iwagami; and "The History of British Effors in Purifying the Political Funds" by Prof. Tomisaki all introduced the systems taken in the other countries to point out the weak points of the current plans. When we discuss the political reforms, it can be discussed on three main areas; the representative value, the electoral systems and the political funds. Although these three areas include wide range of technical problems, the things we must be aware of are the importance of the idea which the reforms are based on the importance of the Japanese culture when systems are considered. In otherwords, the reforms must be done under a posture which askes for whom and why the reforms have to be done otherwise the reforms could end up only as very superficial ones that are filled with politician's compromises. The three reports given at the symposium all cited other countries systems but it is naive for us to think they will work for Japan also. It is very dangerous to discuss the system without considering cultural differences. There is a need for us to introduce a system that best suits Japan. The issue on the political reforms is very difficult indeed. It doesn't only includes highly technical problmes but also many others. The current reform plans are far from satisfactory because they emphasize too much of the technical problems. We need to think more about our ideals and cultures. The technique is the way to achieve our goal and not the goal itself. If the current reform plans are to become really for our citizens, they need to be improved. As member of our Association, we all need further study on this issue as well as keeping a close eye on the plans.
  • 網中 政機
    原稿種別: 本文
    1992 年 28 巻 p. 11-21
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
    The political reform which the Liberal Democratic Party made, pledged on reflection of the so-called "RECRUIT" scandal, has been shelved less than two weeks after Mr. Miyazawa took over reins of the govenment. Therefore, a drastic revision of the electoral system has been postponed for the time being. This paper refers to the revision of the electoral system from four view-points. 1 What kind of electoral system should be adopted? The 8th Electroral System Council's Report must be respected, because it is sensitive to the will of the people, and makes a change of government with ease. 2 The criterion for deviation. In theory, it is one-to-one. Since equal representation for equal numbers of people is the fundamental goal of the House of Representatives, the "as nearly as practicable" standard requires that Parliament meke a good faith effort to achive mathematical equality. 3 The method of apportionment and distriction. I interpreted as follow:the block system with Expanded Self-Govenment Theory (Federal system, Doushiyuu system) must be adopted for both single-member and proportional constituency. Because by this the deviation of the single-member constituency may be approximately one-to-one. 4 The keyword of an electoral system's reform. There are two keywords;an accurate representation and a change of government, but the latter is primary. Since a change of government serves as the greatest prevention against corruption, and a general election serves as a change for the selection of a new government, they generate tension for an election.
  • 石上 泰州
    原稿種別: 本文
    1992 年 28 巻 p. 22-31
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
    The election system is as significant a matter as the political contribution when the political reform issue arises. The influence given by the change in the election system is enormous. There are a number of cases in which the political situation varies largely after the election system reform. Enough examination on how the reform affects the political scene is essential before the reform is actually conducted. Reference to the prior cases of reform conduced abroad is also necessary. To understand the political systems abroad and the influence of them on the politics in each country is quite useful in conducting political reform by ourselves. This thesis handles the Australian election system. Australia introduced, ahead of other countries, the basic election system such as the universal suffrage or the woman suffrage. Also Australia has introduced its unique systems such as"preferential voting"and"compulsory voting"which are novel and deserve to examine closely. Based on the recognition of the issues above, this thesis aims to reveal the contour of the Australian election system and examine how the system affects the Australian scene. Then I'd like to reveal the fact that the Australian election system is working against the ruling Australian Labor Party.
  • 富崎 隆
    原稿種別: 本文
    1992 年 28 巻 p. 32-48
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
    The History of democracy is, from one point of view, the history of stragle for controling political money with it. Specially, in the age of mass-democracy after 19th century, RELATIONSHIP BETWEEN ELECTION AND POLITICAL MONEY became serious and important problem. The Increase of election cost was result of people's political partisipation on one hand and it had become really serious and sometimes threat the base of democracy on the other hand. But in Britain today, the negative problem of political money is hardly discussed, because British citizen and political leader had successfully learned how to control political money in her long history. Many informed people admire it. Britain is sometimes called an honor student who deal with the problem of democracy and money. It's very meaningful to examine empirically how and why she was able to do it. But There's almost no exiting studies in Japan which analyze British political finance systematically and historically with using objective data. So the first purpose of this paper is to investigate and examine concrete data about British political finance, which is first step to analyze it. Second, I will compare it with other countries. Third, I will examine historically the relationship between political money and(1)election system, (2)party system, (3)policy system, and(4)political cultur system and analyze effect of famous Corrupt and Illigal Protection Act. Through this paper, I will prove that today Britain is really success about political finance, descibe how can realize it in her history, and make first step to modeling of her successful experience.
  • 東 裕
    原稿種別: 本文
    1992 年 28 巻 p. 49-60
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
    1. Introduction 2. Les modalites de l'intervention du Parlement sur les actes pris par l'Executif au titre des pouvoirs de crise 3. La ratification des mesures de crise par le Parlement 4. Le controle de l'exercice des pouvoirs de l'article 16:le controle parlementaire 5. Conclusion
  • 下條 芳明
    原稿種別: 本文
    1992 年 28 巻 p. 61-75
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
    1. Traditional protection of human rights 2. Discussion on the regularization of human rights into the constitution after the Second World War 3. The provisional provisions of the fundamental rights and freedoms in the Instrument of Government of 1974 4. The research activity in the Freedom and Right Commission 5. The fundamental rights and freedoms in the Revised Instrument of Government of 1976 6. Perspective
  • 久禮 義一
    原稿種別: 本文
    1992 年 28 巻 p. 76-86
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
    This paper is on extract from my presentation"The Research on the Code of Ethics upon Politicians"given at Japan Association of Legal and Political Science in November of 1991. 1. Introduction 2. The Analysis on the codes of ethics upon politicians 3. The characteristic codes of ethics upon politicians 4. Case study-the code of ethics upon politicians in Sakai City- 5. Conclusion
  • 外山 公美
    原稿種別: 本文
    1992 年 28 巻 p. 87-96
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
    Local govenments in the United States operate under many different structures. Political scientists, public administrators, and elected officials have debated the relative merits of these various structural forms for years, but the outcome of these debates isn't definitive. Each of the various forms still has its strong supporters and vehement opponents. There are four basic forms of local government in the United States:1. Mayor-Council Form 1) Weak-mayor-Council Form 2) Strong-mayor-Council Form 3) Strong-mayor-Council Form with Chief Administrative Officer(CAO) 2. Commission Form 3. Council-Manager Form 4. Town Meeting Form Moreover, there are three forms of administrative management in local government: 1. Mayor Management Form 2. City Manager or CAO Management Form 3. Commission Management Form
  • 松本 昌悦
    原稿種別: 本文
    1992 年 28 巻 p. 97-106
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
    1)Introduction on the Above Theme 2)Character to the Environmental Right as a Human Right 3)Topical Problems on the Environmental Suit and Trial
  • 原田 克己
    原稿種別: 本文
    1992 年 28 巻 p. 107-116
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
    It would not be going too far to say that whichever community you look at these days, the number one strategy for changing the character of the locality is to attract a university. The presence of a university, for a regional city, not only leads to an increase in numbers of young people, with the expectation of a boost in local business, and a symbol of local pride. Rather than simply being an academic"ivory tower", the university should be expected to provide some kind of feedback into the surrounding community. Now being the age of constant self improvement even after having graduated university, there is a strong hope that the facilities of these universities, as a source of knowledge and information, will become a social resource for the community.
  • 中西 直和
    原稿種別: 本文
    1992 年 28 巻 p. 117-132
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
    Recently there is growing official interest in the relationship between adult education and lifelong education/learning policy in Japan. It is, however, more important to analyze the relationship between the political issues and lifelong education policy. Because lifelong education functions as an instrument of national economics, social and educational policy in the histolical process. In this paper I compares recent policy initiatives in Japan, United Kingdom and Australia from viewpoint on the relationship to the political issues. And in this analysis I adopt a new typology by Keiichi Matsushita. The most urgent topic concerns that their policys affects by the level of modernization:there appears to be a conflict between lifelong education provisions and the contemporary political and economic climate.
  • 前田 和彦
    原稿種別: 本文
    1992 年 28 巻 p. 133-142
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
    Recently, in the field of the medical treatment, the person in a decision making capacity is being made to consider various options, for example informed consent, from the patient. But after the patient's death, because there have been no accurate regulations which prescribe validity or invalidity of the survivor's consent or agreement, various problems have arose. Especially after the Special Investigation Committee on Brain Death will have come to a conclusion, it must be more important to settle the question of which party's agreement or consent is the most lawful. Up to the present, the limits and the priority of the survivor have been instutited only on the property in the regulations included in civil law. Is it better to appropriate these limits and priorities to the occasion of the organ transplantation? I think that the minimum condition to attain the organ transplantation is to get plural agreements from the closest survivor, e.g.a spouse, a child and parents, or, by mutual consent of the family, without positive adjection. I wrote and expounded on that in this article.
  • 小川 晴子
    原稿種別: 本文
    1992 年 28 巻 p. 143-152
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
    During these several decades, women's right has been gradually extended in the law of inheritance. In 1980, the law of inheritance was partially amended, in which the "Kiyoken-the contributor's right" was established. This establishment was made in order that the heir or heiress, who had especially contributed to maintain or increase an ancestor's property by offering gratuitous labor for the ancestor's business, tending the ancestor, or some other way, could get special remuneration from the inheritance. However, in the case that an heir's wife had contributed to an ancestor, she has no right to claim her remuneration because she is not a legal heiress. This paper proposed several ways to establish the right of an heir's wife as a contributor lawfully. I From the viewpoint of women's right, it is not a good way to heir's wife's remuneration for her contribution be included in heir's inheritance. For several points can be raised as follows. 1. It should be made clear that the portion of the inheritance which an heir received for his wife's contribution belongs to his wife. 2. An heir should immediately give his wife her portion after his inheritance, or should make a contract with his wife to give it her in future. 3. As her portation belongs to her husband for form's sake, there mostly exist a risk in this law that her husband can dispose of her portion at will. II On the other hand, in the case a wife's remuneration described above is not included in her husband's inheritance, two ways are already being carried out in general. One is old parents adopt "Yome (an heir's wife)" as their legal heiress, and the other is old parents leave her their property by will. This paper suggests following two other effectual methods besides those ways. 1. Old parents meke a contract with "Yome" to pay her remuneration after their passage. To adopt this method, it is necessary to cultivate social consensus of opinion. 2. After convertment of "Yome"'s contribution into money, she demands payment as a debt from old parents' estimate at the starting of inheritance. However, it is necessary to set up the procedure by social welfare service offices to approve her remuneration for contribution in this method.
  • 神谷 義郎
    原稿種別: 本文
    1992 年 28 巻 p. 153-158
    発行日: 1992/05/20
    公開日: 2017/11/01
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  • 清岡 雅雄
    原稿種別: 本文
    1992 年 28 巻 p. 159-162
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 付録等
    1992 年 28 巻 p. A25-A27
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 付録等
    1992 年 28 巻 p. A24-A17
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 文献目録等
    1992 年 28 巻 p. A1-A16
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 付録等
    1992 年 28 巻 p. App2-
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 表紙
    1992 年 28 巻 p. Cover3-
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
  • 原稿種別: 表紙
    1992 年 28 巻 p. Cover4-
    発行日: 1992/05/20
    公開日: 2017/11/01
    ジャーナル フリー
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