「集団的自衛権の行使」合憲の法理

概要

論文の詳細を見る
In the constituent Imperial Diet of 1946, Premier Yoshida explained that all war and all war potential including a war and war potential for self-defense were renounced on the Art. 9 of the draft of the Japanese Constitution. Japanese successive Cabinet has been adopting this interpretation on the Art. 9. Therefore, the present Cabinet also insists on the unconstitutionality of Execution of the right of collective self-defense. On the other hand, according to the interpretation of Kyoto school, as the Art. 9 renounces only a war as means of settling international disputes, by a general idea of international law, we can execute the right of collective self-defense. In this thesis, from a standpoint of Kyoto school, I advice change of the govermental interpretation on the Art. 9 of the Japanese Constitution.
関西憲法研究会の論文
2002-12-23