現行世界各国憲法における主権の構造　―比較憲法学的考察―

機関リポジトリ Web Site

書誌事項

タイトル別名
  • ゲンコウ セカイ カッコク ケンポウ ニ オケル シュケン ノ コウゾウ ヒカク ケンポウガクテキ コウサツ

この論文をさがす

抄録

This treatise is aimed at the clarifying the structure of sovereign power of several states' constitutions in the world. But at present there are more than one hundred states on earth. So it is very hard to explain that of everyone of them. Widely dividing we can see three groups of states on the globe, that is, they are monarchic state group, federal state group and socialist (peoples' democratic) state group. At first, as monarchic state group, I picked up the constitutions of Norway, Sweden, Belgium, Netherlands, Denmark, The United Kingdom of Great Britain and Northern Ireland and Japan. Next as federal state group, I took up The United States of America, Suitzerland, Mexico, Australia and The Union of the Sovret Socialist Republics. At last, as socialist republic group I dealt with The Union of Soviet Socialist Republics, The Peoples' Democratic Republic of China, Yugoslavia, Bulgaria, Czechoslovakia, Albania, Hungry, Poland, Democratic Peoples' Republic of Korea and so on. In federal republic, generally speaking, sovereign powers are devided between the federal republic and its constituent states. That is to say, some items of its sovereign powers provided by the constitution are vested in the federal republic and the rest powers in each constituent state, and the people of each state. In monarchic states, as a rule, all sovereign powers reside with the monarchs. But as an exception, for example, in Belgium, sovereign powers reside with the people, and the King and the Diet as the highest organ of the state, jointly exercise legislative power. Especially in Japan, sovereign powers reside with the people who is soereign and the Emperor shall perform only such acts in matters of state as are provided for in the constitution and he shall not have powers related to sovereign powers (legislation, administration and judicature).

In socialist republics the sovereign powers, without exception, belong to the people, (the people means proletarian people, working people, namely, workers, peasants and intelligentsias) If there are any men who are not proletaria, they are not the people in socialistic meaning and so they are not the sovereign people. So that, they are excluded from the people. But the Diet (the Supreme Soviet of the Union) is the highest organ of the Union and superior to all state organs, that is, the cabinet and the courts of justice. So the Diet directs all other state organs (even the cabinet or- the courts of justice) In this point the socialist republic has a remarkable characteristic.

収録刊行物

キーワード

詳細情報 詳細情報について

問題の指摘

ページトップへ