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全文: "憲法改正"
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  • 北村 貴
    法政論叢
    2014年 51 巻 1 号 161-
    発行日: 2014年
    公開日: 2017/11/01
    ジャーナル フリー
  • 北村 貴
    法政治研究
    2018年 4 巻 85-
    発行日: 2018年
    公開日: 2018/05/28
    研究報告書・技術報告書 フリー
  • 浅川 晃広
    オーストラリア研究
    2004年 16 巻 54-70
    発行日: 2004/03/25
    公開日: 2017/05/10
    ジャーナル フリー
    This article examines the history of the constitutional referendums in Australia. Renewed debate on constitutional reform has been triggered by the Prime Minister John Howard's proposal to amend the section 57. The proposal is to enable the parliament to have a joint sitting of both houses without resorting to double dissolution election. It is possible to say that political ideal and value are vested in constitution in terms of its ultimate role to create simultaneously authority and prevent its abuse. It is also possible to say that this ideal and value can be measured in the history of constitutional referendums where the role and value of constitution is severely debated and argued. There were forty-four proposals to amend the constitution in Australia, however, only eight of them have passed in the history of Australian federation. Almost half of the proposals were to give much more power to the Federal government by inserting new clauses in section 51. Most of them were put to a referendum in the first half-century of the Federation. However, these attempts were not successful except for only two amendments, which had consensus among Australia people. As a result, the extension of the Federal power was sought by way of changing the interpretation of the clauses in section 51. Another major area of proposals was regarding the system of the parliament and election. There were eight proposals, but only two of them were successful to gain majority in referendums. Especially, the government of the day, whether it was the Labor party or the Coalition, pursued to weaken the power of the Senate. The Senate has been continuously hostile to the government because the government failed to obtain a majority and the minor parties have held the balance of power. Therefore, the government had to compromise with minor parties to get important legislation passed, or they had to abandon the bills which could not reach compromise. This is the reason for the repeated attempts to weaken the power of the Senate, however, all of them lacked the Australian people's support in referendums. This is because the Australian people recognise the Senate as a "house of review" to avoid giving the major parties a free hand. A recent opinion poll on Mr Howard's proposal of the constitutional reform shows that a majority of the respondents are against the plan. This history of the Australian constitutional referendum is to give more power to the Commonwealth through amendment of interpretation and actual amendment of key provisions. It is also to prevent give more power to rulers by rejecting all the proposals to diminish the power of the Senate, which is expected to have a role of check and balance toward the government in power. This history of constitutional referendum shows the Australia's political ideal and value which is to give the government certain power to deliver political programs at the same time to prevent the concentration of power.
  • 北村 貴
    法政治研究
    2016年 2 巻 89-
    発行日: 2016年
    公開日: 2016/12/26
    研究報告書・技術報告書 フリー
  • 今井 直重
    法政論叢
    1983年 19 巻 1-9
    発行日: 1983/05/20
    公開日: 2017/11/01
    ジャーナル フリー
    This treatise comments the limit of the revision of the constitution of a state. First of all, we must distinguish the difference between the establishment of the constitution and its revision or amendment. The constitution-making power is an absolutely unlimited power and can establish any constitution that the state wants. But different from the constitution-making power, the constitution-revising competence is necessarily restricted by the principles and inherent spirit of the positive constitution of the state. Why the reason? Because we must, first of all, know the different charactor between the constitution-making power and constitution-revis-ing competence. That is, as a famous French constitutionalist, Si-eyes, 18ct., said, constitution-making power is an unconditional, unlimited, creative power (pouvoir constituant) and cannot be limited or conditioned by any other powers. But being distinguished from this, constitution-revising competence is merely a right in the region establishied by the constitution. So, to make the point clear, I will explain the purport as follows.- (1)Constitution-making power (pouvoir constituant) is creative, original and inherent power and cannot be limited by any other powers and so it is unlimited. (2)Constitution-revising competence (pouvoir constitue) is only a right of positive law and it is only a competence and cannot be
  • 鈴木 秀美
    マス・コミュニケーション研究
    2014年 84 巻 177-178
    発行日: 2014/01/31
    公開日: 2017/10/06
    ジャーナル フリー
  • 広部 雄一
    日本世論調査協会報「よろん」
    2005年 95 巻 1-
    発行日: 2005/03/31
    公開日: 2017/03/31
    ジャーナル フリー
  • 大西 斎
    九州法学会会報
    2015年 2015 巻
    発行日: 2015年
    公開日: 2017/08/10
    会議録・要旨集 フリー
  • 南部 義典
    憲法論叢
    2014年 20 巻 3-58
    発行日: 2014/03/28
    公開日: 2018/01/10
    ジャーナル オープンアクセス
    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.
  • 梶本 玲子
    国際女性
    1999年 13 巻 13 号 161-168
    発行日: 1999/12/15
    公開日: 2010/09/09
    ジャーナル フリー
  • 遠藤 美奈
    九州法学会会報
    2011年 2011 巻
    発行日: 2011年
    公開日: 2017/08/10
    会議録・要旨集 フリー
  • 日本釀造協會雜誌
    1919年 14 巻 8 号 24-32
    発行日: 1919年
    公開日: 2011/12/12
    ジャーナル フリー
  • 大西 斎
    法政論叢
    2011年 48 巻 1 号 126-140
    発行日: 2011/11/15
    公開日: 2017/11/01
    ジャーナル フリー
    A National Referendum Law stipulating the procedure for passing constitutional amendments came into effect in 2010. However, many issues regarding the law remain unresolved. The coverage of a national referendum, among other issues, is confined to a constitutional amendment as stated in Article 1. However, it is clearly mentioned in Article 12 of the Supplementary Provisions that deliberation on the coverage of Article 1 is necessary promptly after the law comes into effect. In this paper, we will review the background to the establishment of Article 12 of the Supplementary Provisions and examine the issues regarding the review of the coverage of a national referendum. Two main issues are given special attention. One is the relationship with indirect democracy, and the second is whether the results of a national referendum are legally binding for general state affairs.
  • 山崎 将文
    憲法論叢
    2009年 16 巻 35-68
    発行日: 2009/12/22
    公開日: 2018/01/10
    ジャーナル オープンアクセス
    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.
  • 松本 八重子
    国際政治
    2007年 2007 巻 147 号 116-131,L12
    発行日: 2007/01/29
    公開日: 2010/09/01
    ジャーナル フリー
    Ten small British Caribbean territories planned to attain dominion status in the form of the Federation of West Indies under the initiative of the U. K. government. The Federation was formed in 1958, but its scheme for independence failed due to the Jamaican referendum in 1961. The two main unit territories, Jamaica and Trinidad and Tobago, became independent in 1962 and the Federation was resolved that year.
    This paper discusses how the international norms of decolonization affected the constitutional reform processes of the British Caribbean territories and the Federation. Specifically, I will describe and clarify the following issues: (1) how the decolonization. norms were formed at the international system level as well as the commonwealth level, during the transitional period from imperialism to the post-WWII Era; (2) how the constitutional reform movements proceeded in the main territories such as Jamaica, Trinidad and Tobago, and Barbados; (3) how the two key decision-makers, Norman Manley and Eric Williams, perceived the possibilities of the independence of the Federation as well as of their own units; and (4) how the international norms influenced the Jamaican decision.
    Theoretically, it could be said that the constitutional reforms progressed as a result of bilateral interactions between the U. K. government and each unit government, or the Federal government. In these processes, the two types of international norms were influential. On the one hand, the traditional Commonwealth norms acted chiefly in the pragmatic, technical sphere of influence, defining the political development and institutionalization of Federal and unit governments, and carefully judging their viabilities. On the other hand, the international norms, such as expressed in the UN conventions, worked mainly in the ethical dimensions, supporting self-determination and independence. The United States sided with this liberal egalitarian standard, strengthening its influence in the British Caribbean territories from the war-time period.
    By 1959, Jamaica attained full self-government in internal affairs. Manley visited London in early 1960 and inquired about the possibility of Jamaica achieving dominion status. The U. K. government did not reject the potentiality. By August 1960, the Federal Government and the unit governments of Trinidad and Tobago and Barbados had achieved full internal self-government. But in the perceptions of Manley and Williams, the economic viability of the Federation was unsatisfactory and the possibility of the Federation achieving dominion status was quite uncertain. The 1961 referendum narrowly decided Jamaica's independence. There was no clause for secession in the Federal Constitution and the referendum procedure was necessary to persuade other Federal members to accept the decision of the Jamaican people. Thus, through this referendum, Jamaican secession was legitimized within the frameworks of international norms of decolonization and self-determination.
  • 北村 貴
    法政治研究
    2017年 3 巻 69-
    発行日: 2017年
    公開日: 2017/05/26
    研究報告書・技術報告書 フリー
  • 南部 義典
    法政治研究
    2015年 First 巻 145-191
    発行日: 2015/03/29
    公開日: 2017/07/06
    研究報告書・技術報告書 フリー
    The Act on the Partial Revision of National Referendum Act was enacted at the 186th ordinary session of the Diet, and was enforced on June 20, 2014. By this revision, the minimum age of voting in the referendum regarding constitutional amendment is prescribed at twenty for next four years, and the age will be at eighteen four years later. But the minimum age of voting in public elections, the age of majority in the Civil Code, and the age of application for Juvenile Act are remained at twenty, lowering promptly these ages to eighteen is recognized as an important problem at the point of view of legal uniformity. At the final stage of the 187th extraordinary session of the Diet, the Bill for the Act on the Partial Revision of the Public Offices Election Act (to lower the minimum age of voting) was submitted, but was scrapped due to dissolution of the House of Representatives. Additionally, the problems as to the regulation to organizational campaign by the public officials, expansion of the referendum subjects, methodology of political education and the others are also emerging in relation to NRA system. These remaining problems should be solved legislatively on the wide consensus of political parties, according to the initiative requirement of Article 96 of the Japanese Constitution. It is considered definitely that to solve legislative problems as to NRA on the wide consensus is politically important requirement to lead to the success to the initiative for the amendment to Japanese Constitution by the Diet in future.
  • 大島 宏
    日本の教育史学
    2011年 54 巻 71-83
    発行日: 2011/10/01
    公開日: 2017/06/01
    ジャーナル フリー
    In this paper, I examine the formulation of the article on education in the Japanese Constitution and re-evaluate its significance and limitations. The provision for education in the Constitution is as follows: ・Article 26 All people shall have the right to receive an equal education correspondent to their ability, as provided by law. All people shall be obligated to have all boys and girls under their protection receive ordinary education as provided for by law. Such compulsory education shall be free. However, in the bill submitted to the Diet, this article was as follows: ・Article 24 All people shall have the right to receive an equal education correspondent to their ability, as provided by law. All people shall be obligated to have their children under their protection receive elementary education. Such compulsory education shall be free. In other words, during deliberations in the Diet, "elementary education" as part of compulsory education (Section II) was changed to "ordinary education". After reviewing the meaning of this change, the following conclusions can be made: First, even without the amendment from "elementary education" to "ordinary education", the government and the Ministry of Education thought it was possible that secondary education could become compulsory. However, if the phrase, "elementary education" was used, then the possibility of compulsory secondary education remained doubtful. Taking these problems into account, the amendment from "elementary education" to "ordinary education" clarified the intention of the government and dispelled such doubt. This is the significance of the amendment. Second, however, during Diet deliberations, the first change was not from "elementary education" to "ordinary education", but from "elementary education" to simply "education". The extent of compulsory education was then to be determined by law. Considering this step in the deliberation process, it appears that the adoption of "ordinary education" has the potential to narrow the extent of compulsory education. I think that this is the point at issue of having used "ordinary education."
  • 後藤 登
    マス・コミュニケーション研究
    2005年 66 巻 136-138
    発行日: 2005/01/31
    公開日: 2017/10/06
    ジャーナル フリー
  • 浅野 宜之
    法社会学
    1999年 1999 巻 51 号 242-247,280
    発行日: 1999/03/20
    公開日: 2009/01/15
    ジャーナル フリー
    The 73rd Amendment of the Indian Constitution enacted in 1993 guaranteed village panchayats as a local self-government. Some of the auhtorities in this field took this as a revival of traditional village self-government. By examining the legal aspects of present village panchayats and of their functions, the author of this article tries to make clear the difference that lies between the current village panchayats after the Amendment and the traditional ones.
    For instance, Judicial power, that was one of the most important functions of traditional village panchayats, was separated from modern village panchayats. On the contrary, development works are the ones that were strengthened as their functions. Further more the territorial determination of current panchayats show one of their noticeable characteristics as an administrative institution. We can hardly see, through the examination of their territorial constitutions, that present village panchayat as self-governmental organization based on community that was binded to community land. This makes particulary difficult for the villagers to hold village meetings in traditional sense of the term.
    The author this time set the location of the survey in a part of Andhra Pradesh where village panchayats play a significant role in village administration.
    The difference that lies between the legal status and real situation of present village panchayats studied, the conclusion is that modern village panchayats and traditional ones are entirely different bodies. To make current village panchayats more substantial for the good of the villagers, improvements like strenghening of residents meeting should be brought.
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