市ヶ谷リベラルアーツセンター（ILAC）ILAC Course

The purpose of this class is to allow students to read the japanese Constitution, and any Constitution, and understand how legal scholars (judges, lawyers, professors) interpret it. There is a tension between the traditional understanding of these sometimes old texts, and contemporary claims from new generations. This class will allow student to make "the source of fundamental rights" their own, especially after analysing the balance between the concepts of liberty and equality.


Module 1 is devoted to the elements that made it possible to politicise the Constitution: the organisation of the State around the use of the principle of sovereignty, the separation of powers, and the Rule of law.

Module 2 shows how the introduction of these principles in Japan enabled a rapid transition from the monarchy established by the Meiji Charter to representative democracy in 1946, and will point out the limits of the pre-eminence accorded to Parliament, and see that from an european point of view, it's not enough. This is the reason for the birth of Constitutionalism in its modern sense.

Module 3 sketches out the relationship between this state and individuals, through the import of the individualism characteristic of Western thought, and more precisely one
of its versions, the liberalism of Locke and Constant, and the consequences of this choice for the concept of freedom: Japan defends the idea of negative freedom.

Module 4 will introduce the place of the Bill of Rights inside the Japanese constitution and its internal dynamic.

Module 5 succinctly presents the fundamental clauses of the Japanese constitution, article 12 and 13.

Module 6 will summarise the role of article 14 of the Japanese constitution in protecting against discrimination

By attending this course, students will be able to:

1. Find, read and summarise legal texts (Constitution, law, court decision...)
2. Understand the actuals challenges that the judge holding the power of judicial review have to face, and those that normal people have to access the tribunal, and be able to see the strong and weak point in their legal argumentations.
3. Being presented and familiarized with some of the most important theoricals notions (liberty, equality, right...) and the differences and links between law and politic, and on this base,
4. To be able to form a personal opinion, and share it with others in a safe environment

各学部のディプロマ・ポリシーのうち、以下に関連している。法学部・法律学科：DP3・DP4、法学部・政治学科：DP1、法学部・国際政治学科：DP1、文学部：DP1、経営学部：DP1、国際文化学部：DP3、人間環境学部：DP2、キャリアデザイン学部：DP1

英語 / English

Classes consist in discussion, documents study, and lecture.

Students will be required to apply analytical frameworks they learned during class by doing weekly homework that may sometimes include a little essay.

Mail can be written to the professor anytime if students have questions.Feedback about homework will be given at the beginning of the class. At the end of each class 5 to 10 minutes will be used to see if the notions of the day are understood.

Course contents may vary depending on the number of students.

A final test will check if the notions are understood.

あり / Yes

なし / No

授業形態/methods of teaching：対面/face to face

※各回の授業形態は予定です。教員の指示に従ってください。

1[対面/face to face]：MODULE 1 - CONSTITUTION AS ORGANISATION

A) Substitution and attribution

2[対面/face to face]：MODULE 1 - CONSTITUTION AS ORGANISATION

B) Separation of powers and the Rule of Law

3[対面/face to face]：MODULE 2 - DEMOCRACY AND CONSTITUTIONALISM

A) From monarchy to parliamentary democracy

4[対面/face to face]：MODULE 2 - DEMOCRACY AND CONSTITUTIONALISM

B) The limits of law, and the birth of constitutionalism

5[対面/face to face]：MODULE 3 - INDIVIDUALISM AND NEGATIVE LIBERTY

A) Individualism in Japan : from Hobbes to Locke ?

6[対面/face to face]：MODULE 3 - INDIVIDUALISM AND NEGATIVE LIBERTY

B) Berlin’s Negatives liberties and positives liberties

7[対面/face to face]：MODULE 4 - THE BILL OF RIGHTS

A) Categories of rights : liberal and social rights

8[対面/face to face]：MODULE 4 - THE BILL OF RIGHTS

B) General doctrines about Constitution application to people

9[対面/face to face]：MODULE 5 - FUNDAMENTAL CLAUSES

A) The relation between the bill of rights and organisational principles

10[対面/face to face]：MODULE 5 - FUNDAMENTAL CLAUSES

B) Welfare restrictionism

11[対面/face to face]：MODULE 6 - THE EQUALITY CLAUSE

A) Article 14 of japanese constitution

12[対面/face to face]：MODULE 6 - THE EQUALITY CLAUSE

B) The judge test

13[対面/face to face]：Preparation for the final exam

A review of the homework and training for the final test

14[対面/face to face]：Final test

In class

Students will be required to prepare the class by familiarizing themselves with the documents handed out for this purpose. Around 2-3 hours a week.
Except in exceptional circumstances and notification to the Professor, attendance to each lesson is mandatory.

None. But a copy of the class will be given to students.

Shigenori MATSUI, The Constitution of Japan : A Contextual Analysis (Constitutional Systems of the World). 2011, Hart. ISBN 13 978-1841137926.

Hiroshi ITOH, The Supreme Court and Benign Elite Democracy in Japan, 2020, Routledge, ISBN 13 : 978-0367602680.

Kyoko INOUE, Macarthur's Japanese Constitution · A Linguistic and Cultural Study of Its Making, 1991, University of Chicago, ISBN-13 : 978-0226383910

Michael J. GERHARDT ET AL., Constitutional theory : arguments and perspectives (3d ed. 2007)

Participation in class (including attendance, homework and discussion): 50%
Final test or essay: 50%

Course content has been reviewed and updated.

Pen, notebook, color pencils and an eraser.

Students can contact the instructor at: gael.besson.77@hosei.ac.jp
In accordance with Hosei University policies, this course will be held face-to-face.