二重の基準論と教科書検定

概要

論文の詳細を見る
A number of scholars of the Constitution of Japan support the theory of double standard. They interpret freedom of expression as the highest valuable human right. Consequently prior restraint of freedom of expression is forbidden generally. The Ministry of Education inspects the contents of textbooks now in our country. Quite a number of scholars of the Japanese Constitution insist that the inspection is contrary to the constitutional provision of freedom of expression. But the textbooks are used for education for good citizenship and children are compeled to study the textbooks by the law. These books are specific books unlike other books. In this paper, I argue that we must conclude constitutionality about restriction of freedom of expression in due consideration of purpose of the restriction and nature of textbook. It may be given as a conclusion that the present inspection of textbook dose not violate the freedom of expression.
1995-10-16