国籍法3条1項の合憲性 : 2つの地裁判決と1つの高裁判決における合憲性判断のあり方の検討を中心に

概要

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国立情報学研究所の「学術雑誌公開支援事業」により電子化されました。On November 22, 2002, the Supreme Court ruled that Article 2-1 of the Nationality Law, which denies the retroactivity of acknowledgement, is constitutional, on the grounds of the stability of nationality. However, the ruling was accompanied by supplemental opinions questioning the rationality and constitutionality of Article 3-1 of the Nationality Law, which requires the status of a legitimate child under marriage of parents and acknowledgement by the parents as a condition for allowing children to obtain Japanese nationality by filing. In the wake of this ruling, what stance courts take in cases where Article 3-1 of the Nationality Law comes into question has attracted great attention. The Tokyo District Court made interesting rulings on this article on April 13, 2005 and March 29, 2006 and the Tokyo High Court made an interesting ruling on February 28, 2006. This paper focuses on these three rulings and discusses especially how the constitutionality of the article is determined there.