Japanese Constitutional Law

Basic human rights, such as freedom and equality, are indispensable in carving out our own lives and pursuing happiness.

State power is necessary to ensure human rights. As such, the primary purpose of the Constitution is to establish legislative, executive, and judicial powers. However, state power poses a threat to human rights because it involves strong powers, including the authority to punish. Accordingly, the Constitution guarantees basic human rights to ensure state power is not abused.

This course focuses on the structure of the constitutional democratic political system as envisioned by the Japanese Constitution, critically examines Japanese society in light of the principles of the Japanese Constitution, and considers ideal forms of society. In particular, this year we will closely explore freedom of expression.

*This course supports the Shinshu University Gender Equality Declaration.

Basic human rights, freedom of expression, liberalism, democracy, pacifism

Class 1: The Constitution and governing structure
Class 2: Normative contents and the significance of Article 9
Class 3: Article 9 and national security
Class 4: Liberty and social rights
Class 5: Double standard theory and the level of scrutiny
Class 6: Freedom of thought and conscience
Class 7: Distinction between content-based and content-neutral restrictions on speech
Class 8: Obscenity, incitement and hate speech
Class 9: Right to privacy and reputation, and freedom of expression
Class 10: The Sarufutsu case and public officials' freedom of political activities
Class 11: Freedom of the press and the right to know
Class 12: Censorship and prior suppression
Class 13: Freedom of assembly and association
Class 14: Other human rights
Class 15: Summary, course survey
Regular exam"

Syllabus (Japanese site only)