デジタル時代のメディアモデルと憲法学の考察

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In recent years, Japan has implemented a broadcasting satellite system, which transmits contents, like cable and internet. The internet is highly compatible with this new broadcasting system. Although Japan has yet to combine the internet with this new broadcasting system, the government is encouraging private developers to distribute the programs through the internet. However, the laws regarding broadcasting and telecommunication are separately regulated, and there is no comprehensive statute. Those dissatisfied with this system of laws might urge the Japanese Parliament to revise these statutes drastically or to pass a new statute to cover a new internet broadcast system. In the near future, if traditional terrestrial broadcast and internet communication converges on digital basis, it will be necessary to examine the use of judicial review and constitutional theory. That is to say, Japan needs guidelines for dealing with free speech and judicial review. The Supreme Court of Japan needs to consider the constitutionality of internet broadcasting in the context of free speech. U.S. Supreme Court cases and current arguments about constitutional theory in the U.S. provide Japan with a good suggestion. It is important to examine the constitutionality of the U.S. legal systems for such review since the U.S. has a significant impact on the Japanese legal system. It is possible that a foreign country's legal arguments might not work in Japan. However, there are already certain parts of the U.S. legal system that have worked in Japan, thus far. For example, public choice theory has recently arrived in Japan. Public choice theory explains the voters and politicians from economic theory. This may provide an alternative theory to explain the role of legislative process and judicial review in Japan's Constitutional law. This theory does not exclude other explanations, but simply provides an additional explanation of the Constitutional structure that other conventional theories can not explain well. Certainly this notion is needed to add some extra conditions in Japan because of its underlying deep theory. By carefully researching why American legal cases and theories that support free speech strongly and asking whether these models are truly feasible in Japan, it is possible to establish a new theory in Constitutional law in Japan. In essence, the Japanese constitutional law field, especially free speech, needs guidelines to navigate through the next century.
関西学院大学の論文

デジタル時代のメディアモデルと憲法学の考察

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