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The Constitution of the People, by the People, for the People

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Other Title
  • 人民の、人民による、人民のための憲法 : アキル・リード・アマールの憲法論から
  • ジンミン ノ 、 ジンミン ニ ヨル 、 ジンミン ノ タメ ノ ケンポウ : アキル ・ リード ・ アマール ノ ケンポウロン カラ

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Abstract

This article focuses on the populist constitutionalism of Professor Akhil Reed Amar. His constitutional theory is described as follows.(1)The meaning of the Constitution could be changed by interpretation in order to adjust each amendment’s relationship (“the Constitution of the People”),(2)the amendment process is not limited to Article V of the U.S. Constitution because in the U.S., the Convention has been legally and democratically justified as another amendment process(“the Constitution by the People”), (3)if committing to the concept of popular sovereignty, the content of the constitutional amendment should be intrinsically restricted in order to sustain the People’s deliberation, the substance of popular sovereignty(the Constitution for the People). In these regards, this article basically shares his commitment to popular sovereignty although it does criticize some points where his theory is not radical enough for populist constitutionalism. In addition, this article refers to the availability of his theory to interpret the Constitution of Japan, considering the unconstitutionality of a set of Japanese security laws.

Journal

  • 一橋法学

    一橋法学 17 (2), 227-272, 2018-07-10

    一橋大学大学院法学研究科

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