スポーツ権と第三者効力

概要

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A recent occurrence in Metropolitan areas is that private sporting facilities, such as tennis clubs, are being demolished for the construction of condominiums and office buildings. In one such case, members of a tennis club in Yokohama city have filed for a ban on the demolition of their tennis courts by bringing a suit against the owner. In filing the suit, the club members have appealed to their right to sport, under the Constitution. The traditional interpretation of the Constitution, however, relates to the rights arising from the relationship between the State and the people. In this case, the parties involved in this suit are neither the State nor the people. Both parties are private individuals. Therefore, it is necessary to reexamine the interpretation of the extent of human rights and their application. There is a case for appealing, indirectly, to Articles 1 and 90 of the Civil Code in the case of violations of human rights between private individuals. Such a claim may sustain the club members' anneal for the protection of their right to sport under the Constitution.
早稲田大学の論文
1992-03-25