本稿では,戦後憲法学における選挙研究のありようを,「原点」,「転換点」,そして「現点」を示す代表的な文献を読み解きながら検討することとしたい。その特徴を簡単にまとめるならば,次のようになろう。まず,対象とその取り上げ方について,共通の枠組みが存在していることを指摘することができる。第一に,普通選挙の原則の実現に関わるもの,第二に,選挙運動の自由の確保に関わるもの,そして第三に,選挙の方法あるいは代表方法に関わるものという柱立てである。次に,方法ないし論じ方であるが,「規範の学」としての憲法学の手法が基本的には用いられることになる。つまり,法令によって定められた具体的な選挙制度は選挙に関する憲法上の諸原則から見てどのように評価されるべきか,という問題設定の下に考察がなされているといえよう。

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Article 45 of the Korean Constitutional Court Act stipulates "The Constitutional Court shall decide only whether or not the requested statute or any provision of the statute is unconstitutional". Therefore, it is interpreted that only two forms of decisions, constitutional or unconstitutional, are the means of norms control. But the only two forms of decision might be insufficient to deal with all the various problems because the social problems tend to be more and more complicated. So from the early time on, the Korean Constitution Court has adopted "modified forms of decisions" such as those of "the limited constitutionality", "the limited unconstitutionality", and "the nonconformity to the constitution". The theme of this article is the problems that decision of the nonconformity to the Constitution has, because it is similar to the Japanese decision form such as "decision of appeal". It is a decision form that the Korean Constitutional Court takes account of legal stability and defers to the legislator. It has been used frequently since 1989 when it was introduced, but some problems have been appeared in operation. It must be beneficial to study the reason why these problems appear, because this kind of study may provide a useful reference for constitutional litigations in Japan.

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It is sometimes said that direct democracy can be put into practice in the highly information-oriented society. But <<democracy>> cannot be reduced to the efficiency of voting processing. <<Democracy>> has 'various aspects' and 'self-recurrence'. Under <<democracy>> people can be the mob, or can rebuid <<democracy>>. Especially the 'self-recurrence' has adaptability to <<digitization>>. <<Digitization>> is the tool which carries out 'high-mobility','high-preservability' and 'infinite reproduction' of contents. People can utilize digital data for democratic deliberation. By using internet, for instance, 'electronic forum' can be held in cyberspace. It can get over the limits of time, space and economy. On that point the on-line communication network can be a democratic tool. But the ploblem is in that how people take part in the rocesses of political practices. Firstly people need to keep striving for technical knowledge on the issue in question. Secondly people can transmit and receive live messages globally. Thirdly education can play an important part in connectiong <<democracy>> with practice of people's lives. I insist that the relation between the upturn of 'social speed' and 'spontaneuos order' should also be considered. 'Spontaneous order' is the foundation of society. We should be very careful to maintain 'spontaneuos order'. And I suggest <<dual composion of decision>>, which mixes indirect democracy with direct democracy in some ways.

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This paper focuses on the legalization in education. Legalization began in the experience with the highly contested desegregation. In the aftermath of the 1954 decision on Brown v. Board of Education, the landmark in school desegregation cases, the extent and depth of judicial involvement with the schools dramatically increased. Federal court decisions affecting education increased from 729 between 1957 and 1966 to 3, 486 between 1967 and 1976. The courts have rendered decisions not just about racial desegregation but also decisions on procedural due process in education. Racial concerns insinuate themselves into every aspect of a school system, from student suspension to teacher recruitment. Courts have contributed to the legalization of dispute resolution in the public schools. The federal government has enacted compensatory education and education for the handicapped to protect a variety of children who were treated invidiously discriminatory. The grants programs required local districts to abide by specific rules as a condition of eligibility for grants. Then the number of pages of federal regulations concerning education increased from 92 in 1965 to nearly 1,000 in 1977. The states have also legislated equal educational opportunities, accountability, and data-based educational management systems including minimal competency testing. As the ideal of equality of opportunity has tended to be replaced by the concept of an adequate level of achievement, policymakers legislated about the process of education itself. Anyway legalization was also an inevitable result of these legislative enactments. Detroit is a typical case of direct control by the federal court. In 1974 the U.S. Supreme Court ordered the Board to develop a desegregation plan. A major thrust of the court ruling was the effort to improve the quality of education in Detroit. The plan which went into effect in 1976 called for revisions in almost all aspects of education such as reading, vocational education, bilingual education, career guidance, testing, uniform code of conduct, in-service training, and school-community relations. Under the court orders and guidelines, Detroit Board of Education adopted a number of regulations and policies to put into practice the law that all children of the city will be provided with equal educational opportunities throughout the school system. Legalization, as D. Kirp explains, "entailes establishing a system of decision committed to rules, trafficking in rights rather than preferences or interests, and justifying outcomes with reasons." The elaboration of substantive rights embodies one element of legalization. The development of procedural protections provides the other. Legalization contributed to a significant expansion of individual rights for students and teachers. It also promoted openness of process and fairness and diminishes the possibility of arbitrary action by school bureaucracy. But the idea of legalization is often criticized by teachers. Imposing procedural requirements on the practice of student discipline potentially undermines the authority of them and are sometimes a source of tension between parents and teachers who instead should work in tandem on behalf of the child. When rules become ends in themselves, legalization may offer legislated learning and judicially mandated learning. On the other hand 1980s has witnessed a 180-degree shift in emphasis in federal policy from the 1960s and 1970s: from equality to excellence; from regulations and enforcement to deregulation and privatization. What is needed now is to strike a new balance between rule and discretion that can inform educational governance.

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In this paper, on the 30th anniversary of the 1989 Tiananmen Square protests, I reexamined the connection and disconnection between the modern constitutionalism in western Europe and the Chinese constitution (thought and system). The constitutional review was employed as the focal point in this discussion.

First, the constitutional review has two meanings: the protection of human rights and the protection of constitutional order. The constitutional review is one of the crucial elements of constitutionalism. Its system and operation are a measure of realization and retention of the constitutionalism.

Second, the Chinese constitution enacted in 1982 was based on the bitter experiences of the Cultural Revolution. In order to protect human rights and constitutional order, various discussions were held to decide what kind of constitutional review system was to be established. Furthermore, the Chinese government and CCP rejected the judicial review and chose their own version of constitutional review that is carried out by the People’s Congress.

Finally, there is a gulf between the modern constitutionalism in western Europe and the Chinese constitution. The Chinese constitution imposes the duty of upholding and abiding by the constitution not only to the government but also to its citizens. At the same time, it is reluctant to ensure the relativity of individuals’ values. At the 1989 Tiananmen Square protests, the Chinese government and CCP criticized the students and intellectuals for joining the protest and openly violating the constitution. This accusation symbolizes the gap between the modern constitutionalism in western Europe and the Chinese constitution.

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特定の主体にとって堅持するべき価値を脅かすものがない状態を「安全」と概念化するならば、「国家の安全」とは区別された「国民の安全」を観念できる。このように区別すれば明らかなように、この「国家の安全」と「国民の安全」とはただならぬ緊張をはらむことも疑いえない。この相克が国家の防衛行動の予見可能性を損ない、ひいては国家や国民の安全を危うくはしないか。本稿は、防衛行動の予見可能性の観点から、国家の安全と国民の安全との調整条件を理論的に考究することを目指す。

まず第１節において、国民の生命・身体・財産をめぐってその「保護」（「国家安全保障戦略」）と「犠牲の受忍」（判例法理としての「戦争損害受忍論」）という一見して矛盾する言説の競合を概観する。次に第2節において、攻撃を排除するという局面を例外として原則的に武力を行使しないとする日本の専守防衛については、「説得力のある威嚇と説得力のある約束のトレード・オフ」から逃れられないことを指摘する。そのうえで、不合理な戦争を回避するには、専守防衛の対外約束から恣意的に逸脱できない国内制度（具体的には専守防衛を逸脱した武力行使を原因とする国民の生命・身体・財産の犠牲の補償）を整える必要を検討する。そして第3節において残された課題として専守防衛行動の予見可能性の限界を整理する。

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This article examines the judicial discipline systems in Japan and the USA. Part 1 provides the practical and theoretical problems of our procedures that are demonstrated in recent cases, such as Fukuoka High Court judge case (2001) and Tokyo High Court Judge case (2001). In the USA, serious questions have been raised about Congress's ability to deal adequately with the rise in judicial impeachment. Then part 2 analysis the federal impeachment power of the U.S. constitution and the discipline system of the federal statute,the Judicial Councils Reform and Judicial Conduct and Disability Act of 1980. In conclusion,this article consists that the need to develop comprehensive judicial reform strategies including the judicial discipline.

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(1)The significance and intention of the Sex Disclimination Act. (2)The cases before and after the Sex Disclimination Act passed. (3)The two current cases of sex disclimination in labor law. Today, after the past of six years of the Sex Disclimination Act passed in diet in Japan, I can't suppose it is acting enough in case of the problem of sex disclimination in labor law. I recognized the gap of the idea of the Sex Disclimination Act and its practice in the female workers. As same as Sex Disclimination Act, Constitutional Law and Labor Laws will make to control the equal between male and female in working field in factories and companies.

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