シンガポール憲法の「政党」規定をめぐって
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概要
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According to what Gerhard Leibholz says, "die letzte Konsequenz des modernen Parteienstaates" (the last consequence of the modern Party State) in the Western developed countries is that if a person ceases to be a Member of a Political Party upon whose platform he has been elected to the Parliament, he should immediately cease to be a Member of the Parliament. After World War II, the constitutions of some developing countries, that is : the 1962 Constitution (Art. 38) of South Korea, the 1963 Constitution (Art. 30) of Singapoe, the 1967 Constitution (Art. 39) of Zaire, the 1969 Constitution (Art. 75) of Ghana, the 1990 Constitution (Art. 43) of Fiji, etc., have the provisions saying that any parson winning an election on a Party symbol, if he quits the Party, loses his seat. The Constitution for the State of Singapore, promulgated when Singapore joined Malaysia and achieved full independence from the United Kingdom in 1963, had a certain provision (Article 30 (2) (b)) referring to the tenure of office of Members of the House, which reads as follows : "The seat of a Member of the Legislative Assembly shall become vacant……if he ceases to be a Member of, or is expelled or resigns from, the political party for which he stood in the election;". The matters I will consider in this paper are as follows : (1) The meaning, role and task of the provision concerning the political party in the Constitution of Singapore. (2) The constitutional history in relation to the provision concerned in the Singapore's Constitutions in the Malaysian phase and the post-independence era.
- 関西憲法研究会の論文
- 2000-12-20