GBPGBP (Global Business Program)

Although modern Constitutions contain fundamental rights, they are rarely, despite Paine’s wishful prediction, in every family home. And citizens could hardly be blamed since in the field of Law too, the way was steep for specialists to finally acknowledge its existence and utility. But nowadays, constitutionalization of private law (commercial law, contractual law, familial law…) and public (administrative law, tax law, criminal law…) seems to have come to fruition with the ever more important place of supreme and constitutional courts in the public debate.

At the same time, this unification of law seems challenged by a (not so) new movement, a demand for a more feminist constitution, a green constitution, a black constitution… Are these perspectives a new and necessary step into the claim of citizen rights, in which minorities would stand together under the flag of intersectionality, or is it a dilution of the meaning of the constitution itself, in which they sometimes fight each other ?

This class will question this challenge, and see how theses sometimes old texts can be still relevant in 2023 while tackling very practicals and actual situations and courts decisions (Japanese, US…) into 4 parts with 3 modules each :

PART 1 INTRODUCTION TO CONSTITUTIONAL INTERPRETATION
PART 2 TOWARD A NEW CONCEPTION OF FAMILY ? (GENDER STUDIES)
PART 3 TOWARD A NEW CONCEPTION OF SOCIETY ? (CRITICAL STUDIES)
PART 4 TOWARD A NEW CONCEPTION OF MANKIND ? (POSTMODERNISM STUDIES)

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 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

英語 / English

Each class will be roughly divided in three parts

1. Definitions & historical overview (listening, taking notes, asking questions, getting answers)
2. A Constitutional Case (reading)
3. Debate

The texts will be given one week in advance to allow the students to prepare via comprehension questions, the importants parts;

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]：INTRODUCTION

Methodology, overview of the class, homework and test explanation

2. [対面/face to face]：MODULE 1 - LIBERTIES OR FREEDOM ? LIBERAL AND CONSERVATIVES THEORIES

1.1. Definition & historical overview : From Hayek to Berlin. “Two conceptions of liberties” Positive / Negative.
1.2. Constitutional case : Hakata Station TV Case
1.3. Debate : About the hierarchy of Constitutional rights : Personal or Economic Freedom ?

3. [対面/face to face]：MODULE 2 - EQUALITY IN FACT OR EQUALITY IN RIGHT ? EQUALITY CLAUSE AND SUSPECT CLASSIFICATIONS

2.1. Definition & historical overview : From Locke to Rawls.
2.2. Constitutional case : Parricide Case, 4 april 1973, art 14 and suspect classification
2.3. Debate : Right to property or right to a property ?

4. [対面/face to face]：MODULE 3 - RELATIVE OR UNIVERSAL FRATERNITY ? CITIZEN AND IMMIGRANTS

3.1. Definition & historical overview : Taxes and election. Racism and Xenopohobia.
3.2. Constitutional case : Burakumin Case, Mac Lean Case, Foreigner Promotion Restriction Case
3.3. Debate : Can foreign people vote in local elections ?

5. [対面/face to face]：MODULE 4 - FROM DEPENALIZATION TO LEGALIZATION OF SEXUAL ORIENTATION

4.1. Definition & historical overview : Tokyo Certificate, Adoption as substitution
4.2. Constitutional Case : Osaka, Sapporo Cases… on Gay Wedding
4.3. Debate : Is “tolerance” a positive notion today ?

6. [対面/face to face]：MODULE 5 - FROM CLAIM TO PRESERVATION OF WOMEN RIGHTS

5.1. Definition & historical overview : Feminism, Hiratsuka Raicho, Simone Veil, Universal Declaration of Women Rights
5.2. Constitutional case : Waiting period to remarry Article 733 of Japan's Civil Code
5.3. Debate : Can men represent women in the legislature ?

7. [対面/face to face]：MODULE 6 - INTERSEX, CISGENDER AND TRANSGENDER

6.1. Definition & historical overview : Herculine Barbin’s Legacy
6.2. Constitutional Case : Recognition of the presumption of paternity to a transgender case, Access to bathroom case.
6.3. Debate : The Paradoxical war of Feminists and Queers

8. [対面/face to face]：MODULE 7 - FROM ABOLITION OF PRIVILEGE TO THE SOCIAL LADDER

7.1. Definition & historical overview : Social reproduction and the remnants of the system “ie”, primogeniture and ultimogeniture
7.2. Constitutional Case : Illegitimate Child Case, Equal opportunity in Korean school in japan case
7.3. Debate : What is school made for ?

9. [対面/face to face]：MODULE 8 - FROM CHILDREN RIGHTS TO ELDER RIGHTS

8.1. Definition & historical overview : The introduction of the superior interest of the child in the legal system; Elderly housing scandal in europe, The Japanese Declaration of Human Rights of Older Persons
8.2. Constitutional Case : Compensation to elderly from medical care association case
8.3. Debate : Can we be responsible for future generations ?

10. [対面/face to face]：MODULE 9 - ABLEISM

9.1. Definition & historical overview : Ableism, Holmes, Forced sterilization of Marginal Cases Argument
9.2. Constitutional Case : Asahi Case, Recognition of the spouse rights case
9.3. Debate : Positive or negative discrimination policies in companies ?

11. [対面/face to face]：MODULE 10 - FROM PROTECTION OF POLLUTION TO NATURE RIGHTS

10.1. Definition & historical overview : Specism, Animal rights, New means of action
10.2. Constitutional Case : Amami Kuro Usagi Case, Okinawa Case
10.3. Debate : Do trees have standing ?

12. [対面/face to face]：MODULE 11 - FROM SECLUSION IN COUNTRYSIDE TO EXCLUSION FROM CITY

11.1. Definition & historical overview : Participative Agriculture. Hans Widmer : from Bolobolo to Kraftwerk.
11.2. Constitutional Case : Imbalance to right to vote cases
11.3. Debate : Equal access to public services in countryside ?

13. [対面/face to face]：MODULE 12 - BIOCONSERVATISM vs. TRANSHUMANISM

12.1. Definition & historical overview : Julian Huxley, David Pearce...
12.2. Constitutional Case : Cases around the eugenic law, and upcoming cases on AI
12.3. Debate : Can we make experiments in another country when it's forbidden in japan ?

14. [対面/face to face]：Final test or presentation

In class test or presentation.

Students have to try to do the homework (1h-1H30) each week. The professor will give the answers afterwards and help. It's just a training, but an important one.

Attendance to the class is fundamental, but some absences can be exceptionally justified.

No textbook will be used.
Students will be provided with the material necessary for each class.

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%

Material for the class has been reviewed, and slides updated.

A pen and some paper might prove useful.

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.