Recent Controversy on the Right of Eligibility for Election

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  • 被選挙権の法的性質をめぐる近時の議論
  • ヒセンキョケン ノ ホウテキ セイシツ オ メグル キンジ ノ ギロン

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This article addresses recent trends and directions of constitutional controversy on the nature of the right of eligibility for election in Japan. Contrast to fruits of contiguous constitutional controversy on the nature of suffrage, constitutional ground, sphere and nature of the right of eligibility for election has been vague in Japan. An assertion that right of eligibility for election is not constitutional right, but qualification eligibility given by the law, has been accepted in Japan. This article address that the constitutional suffrage can subsume the freedom of candidacy and right to be elected. It also assumes that Art. 15, Chap. 1 and Art. 43, Chap. 1 of the constitution can be the source of suffrage for national elections, and Art. 15, Chap. 1 and Art. 93, Chap. 2 can be the origin of suffrage for local elections.

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