Rethinking the foundations and theory of Constitutional Law

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  • 憲法総論の再検討
  • ケンポウ ソウロン ノ サイケントウ

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Abstract

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From 1990's, theories of Japanese Constitutional Law had been radically changed. The constitutional law is discussed by many books and articles of the political theory, history of law, and the philosophical theory. Constitutional theory is influenced by these theories. In this lecture note, I try to reconsider the theories of constitution interpretation, especially the historical aspects and comparative study about the constitutional theory of common law countries, e.g., U.K., Australia, Canada, New Zealand and South Africa.

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