公道を通行する権利

概要

論文の詳細を見る
　It goes without saying that the access on roads near one's residence is essential to every person's life. Nevertheless, the passage of highways has been thought to be die öffentlichen Sachen im Gemeingebrauch and not the exercise of public right in Japan. On the other hand, since the Supreme Court judged that the obstruction of traffic on the highway implies the infringement of "the right to freedom of passage" in 1964, lower courts have accepted the idea of the private right to access. But the right is not admitted to be public one, so it is difficult to claim the illegitimacy of highway administration. To the contrary, on the privately owned and administrated quasi-highways--it might be a highway administration system peculiar to Japan--, passage restrictions by the private administrator are frequently judged to be infringements of "the right to freedom of passage". This article aims to make clear that the passage of highways can be an exercise of public right in the comparison with "the right to freedom of passage" as a private right to access and as a right which can be asserted against the private administrations of quasi-highways.
文教大学の論文