判断能力の不十分な人々の投票をめぐるイギリスの法制度 : わが国における成年被後見人の選挙権の取扱いに関連して

菅 富美枝

doi:10.15002/00008158

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ハンダンノウリョクノフジュウブンナヒトビトノトウヒョウオメグルイギリスノホウセイド : ワガクニニオケルセイネンヒコウケンジンノセンキョケンノトリアツカイニカンレンシテ
The Voting Rights of Persons with Learning Disabilities in the UK

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Abstract

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In Japan, when a person is given a deputy order by a court (i.e.placed under "guardianship") because they are incapable of handling their financial affairs, that person ceases to have the right to vote (Section 11 (1) 1 of the Japanese Electoral Law). This is so automatic that there are no further opportunities for them to claim that they are capable of voting. In Japanese law, there is no principle of "assumption of capacity" as provided in Section 1 (1) of the Mental Capacity Act in the U.K. The absence of this principle can easily cause "assumption of incapacity" in many different contexts. In addition, the principles "time-specific" and "issue-specific" are not established in Japanese law. This legal environment has meant that such an association (no financial management=no vote) has been left unquestioned by lawyers, politicians and the general public. Currently, the first case in Japanese legal history is being tried. The automatic deprivation of the right to vote is now being questioned from a "human rights" perspective. The real meaning of "democracy", which is to include "everyone" from various backgrounds, is now at issue.

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経済志林

経済志林 80 (1), 33-53, 2012-09-20

法政大学経済学部学会

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