紀要論文

紀要論文

text

アジア太平洋論叢. 2007, 17, p. 55-86

日本語

text

2007-09-25

論説

This thesis is about Yasuzo Suzuki who took the lead in a private group, its Japanese name, "Kempo kenkyukai" which made a draft influenced most on the draft of GHQ. The Constitution of Japan has many points in common with this GHQ draft. So we can say that the Constitution of Japan was influenced by the Private Group's draft. First, I analyzed Suzuki's and the Group's drafts made after the World War II. Suzuki started thinking about the draft of the new constitution soon after the defeat of World War II. He made two simple drafts as the revisions of the former constitution in October 1945. The Private Group made four drafts from November to December and Suzuki made his own draft after the activities of the group. At first, Suzuki thought about legislative power as trust by a nation and the legislative power superior to administrative power, that is, he has the conception similar to John Locke. Suzuki took the defeat of the World War II as the Glorious Revolutionin in Japan. The Private Group's draft says that legislative, administrative and judicial powers are separated completely and the Emperor takes no political right. He thought it was the most suitable way of democracy in Japan. Suzuki also tried to secure people's rights which were infringed under the former constitution in prewar periods. For example, the right of residence and removal, liberation form unjust arrest, imprisonment, trial and punishment, jurisdiction, nonaggression of residence, privacy of correspondence, nonaggression of the right of ownership, the freedom of religion, the freedom of expression, assembly and association and the right of petition. The most noteworthy point of his draft is that he made much of the rights of revolution and resistance.

100055

鈴木安蔵と憲法研究会草案に関する一考察

河野, 朋子

アジア太平洋研究会

日本語

2007-09-25

アジア太平洋論叢

17

55

86

https://hdl.handle.net/11094/100055