平和的生存権論の諸相 : 権利論としての新たな地平

概要

論文の詳細を見る
The Author has thought the another argument about "the right to live in peace" provided at the preamble of the Constitution of Japan should be in addition to the past arguments about the right to live in peace intended to prepare for judicial review. It is difficult for the judiciary to maintain alone not supported principle by legislation and administration to highly political policy about the security of the state. It is thougt that to make the Government observe particularly the article 9 of the Constitution of Japan, political subjectivity of the citizens is strongly requested. Based on such assumption, In this article, the author intend to point out the two advantages of application of "the right to live in peace" in another way to the past arguments to defend the ariticle 9.