日本語 English
| 開講年度/ Academic YearAcademic Year |
20232023 |
| 科目設置学部/ CollegeCollege |
法学部/College of Law and PoliticsCollege of Law and Politics |
| 科目コード等/ Course CodeCourse Code |
EX481/EX481EX481 |
| テーマ・サブタイトル等/ Theme・SubtitleTheme・Subtitle |
To understand the foundational structure of the country and judiciary, as well as the society |
| 授業形態/ Class FormatClass Format |
対面（全回対面）/Face to face (all classes are face-to-face)Face to face (all classes are face-to-face) |
| 授業形態（補足事項）/ Class Format (Supplementary Items)Class Format (Supplementary Items) |
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| 授業形式/ Class StyleCampus |
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| 校地/ CampusCampus |
池袋/IkebukuroIkebukuro |
| 学期/ SemesterSemester |
春学期/Spring SemesterSpring Semester |
| 曜日時限・教室/ DayPeriod・RoomDayPeriod・Room |
木2/Thu.2 Thu.2 ログインして教室を表示する（Log in to view the classrooms.） |
| 単位/ CreditsCredits |
22 |
| 科目ナンバリング/ Course NumberCourse Number |
LPX2101 |
| 使用言語/ LanguageLanguage |
英語/EnglishEnglish |
| 履修登録方法/ Class Registration MethodClass Registration Method |
科目コード登録/Course Code RegistrationCourse Code Registration |
| 配当年次/ Assigned YearAssigned Year |
配当年次は開講学部のR Guideに掲載している科目表で確認してください。配当年次は開講学部のR Guideに掲載している科目表で確認してください。 |
| 先修規定/ Prerequisite RegulationsPrerequisite Regulations |
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| 他学部履修可否/ Acceptance of Other CollegesAcceptance of Other Colleges |
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| 履修中止可否/ Course CancellationCourse Cancellation |
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| オンライン授業60単位制限対象科目/ Online Classes Subject to 60-Credit Upper LimitOnline Classes Subject to 60-Credit Upper Limit |
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| 学位授与方針との関連/ Relationship with Degree PolicyRelationship with Degree Policy |
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| 備考/ NotesNotes |
This course will introduce students to the major components of Japanese Constitution (e.g., what each provision of the Constitution means, and how it can/should be interpreted), and its interrelationship with Japanese society through the study of various contemporary social issues involving Japanese constitutional law. The course consists of (a) lectures and (b) case studies.
(a) During lectures, we will explore (i) fundamental principles of the Japanese Constitution, (ii) the Japanese political system, and (iii) various concepts, theories, and standards that have been developed in the Japanese constitutional law discipline, which will provide students with a legal and critical foundation for examinations of the selected cases.
(b) Case studies are intended to examine actual operations of the Japanese Constitution, and interrelationships between the Japanese Constitution and Japanese society. Since each provision of the Constitution does not have fixed meanings, but rather is subject to interpretations in specific social contexts where the provision is applicable, the meanings of legal concepts, theories, and standards develop and change in response to changes in the society. Accordingly, the society affects the Constitution as much as the Constitution affects the society. Through case studies, students will gain a deeper understanding of the Constitution, as well as its fluid nature reflecting the complexity of the society.
Conducting case studies is also designed to have students consider the roles of constitutional law and the legal justice system in resolving conflicts that arise in the society.
Since students will be required to examine cases from legal, political, and social aspects, students should become better at analyzing factual situations from various viewpoints, and carefully and objectively weighing competing interests of the relevant parties in the cases.
As students are expected to make presentations and participate in class-wide and group discussions throughout the semester, students should be able to further their skills to communicate their knowledge and opinions in a logically clearer manner. Classroom discussion is also important to advance students’ ability to carefully listen and respond to others’ opinions while succinctly identifying the points of discussion, and most importantly, to constantly test their own opinions against others’. In addition, in order to facilitate the development of these skills, students will be asked to make counter-arguments against others’ arguments even when the counter-arguments are not necessarily what the students support.
The lectures will be provided with PowerPoint. However, the sessions will be based on the discussions with the students.
Reading materials will be provided in class. Read the assigned material before each class. Students are required to participate in classroom discussion based on the reading assignment that has been given for the session. To help provide the requisite motivation to stay current on the readings, students may be called on in class.
Active participation in class is expected from everyone. Please note that class participation makes up a signifcant portion of your grade, which means that you must come to class diligently prepared to take part in interactions in class. Also be aware that credit is not given merely for attendance. Your participation, not presence, is what counts toward your grade. The success of the course will depend greatly on your preparedness for class and willingness to engage in dialogue in class.
| 1 | Introduction of the course, Japanese law and Japanese Constitutional law Provide general information about the course (e.g., aims of the course, course schedule, writing assignments, ways to prepare for sessions, grading methods). Understand function and purpose of constitutional law through comparisons between constitutional law, criminal law, and civil law. |
| 2 | Constitutional Law in the Modern Sense The Japanese Political System (1): Structures and Functions of the Diet and Cabinet |
| 3 | The Japanese Political System (2): Roles of the Judiciary and the Separation of Power |
| 4 | Japanese Lay Judge System: Understand the historical origins and purposes of a jury system and lay person participation system Learn the characteristics of the Japanese lay judge system by comparing it with lay person participation systems and jury systems of other countries |
| 5 | Freedom of Thought and Roles of the National Flag and Anthem |
| 6 | Academic Freedom and a Basic Education for Children |
| 7 | Freedom of Expression |
| 8 | Article 9 and National Defense 1: Right to Self-Defense |
| 9 | Article 9 and National Defense 2: Legal Standing to Sue |
| 10 | Article 9 and National Defense 3: Right to Collective Self-Defense, and Right to Live in Peace |
| 11 | Freedom of Religion |
| 12 | Freedom of Religion and the Separation of State and Religion |
| 13 | Freedom of Religion, the Separation of State and Religion, and Incidental Constitutional Review |
| 14 | Constitution and Family Law: Equal Protection and Laws of Marriage and Divorce, and Personal Autonomy and the Idea of Family in the Society |
板書 /Writing on the Board
スライド（パワーポイント等）の使用 /Slides (PowerPoint, etc.)
上記以外の視聴覚教材の使用 /Audiovisual Materials Other than Those Listed Above
個人発表 /Individual Presentations
グループ発表 /Group Presentations
ディスカッション・ディベート /Discussion/Debate
実技・実習・実験 /Practicum/Experiments/Practical Training
学内の教室外施設の利用 /Use of On-Campus Facilities Outside the Classroom
校外実習・フィールドワーク /Field Work
上記いずれも用いない予定 /None of the above
As for the reading assignment, it is highly recommended that you brief the assigned cases, the legal issues of the cases, and the key facts determinant to the conclusions, in preparation for class. This will not only help you effectively participate in class activities, but also give you a set of briefs of the cases at the end of the semester which you can easily refer to for the final exam.
Writing assignments will also be given.
Topics for presentations, classroom discussions, and writing assignments involve mainly examinations of cases and elaborations of opinions on topics that are to be discussed in class. But sometimes you are required to conduct research on the laws, history, and society of Japan, or those of the countries’ of your choosing.
| 種類 (Kind) | 割合 (%) | 基準 (Criteria) |
|---|---|---|
| 平常点 (In-class Points) | 100 |
最終レポート(Final Report)(40%) Participation in class (45%) Writing assignment(15%) |
| 備考 (Notes) | ||
| The final report will take a form of take home exam. The question will be notified 5 to 8 hours prior to the due date/time of the submission of the report. The exact duration from the notification of the question and before the submission of the report will be notified at the end of the course. | ||
なし/None
This course will introduce students to the major components of Japanese Constitution (e.g., what each provision of the Constitution means, and how it can/should be interpreted), and its interrelationship with Japanese society through the study of various contemporary social issues involving Japanese constitutional law. The course consists of (a) lectures and (b) case studies.
(a) During lectures, we will explore (i) fundamental principles of the Japanese Constitution, (ii) the Japanese political system, and (iii) various concepts, theories, and standards that have been developed in the Japanese constitutional law discipline, which will provide students with a legal and critical foundation for examinations of the selected cases.
(b) Case studies are intended to examine actual operations of the Japanese Constitution, and interrelationships between the Japanese Constitution and Japanese society. Since each provision of the Constitution does not have fixed meanings, but rather is subject to interpretations in specific social contexts where the provision is applicable, the meanings of legal concepts, theories, and standards develop and change in response to changes in the society. Accordingly, the society affects the Constitution as much as the Constitution affects the society. Through case studies, students will gain a deeper understanding of the Constitution, as well as its fluid nature reflecting the complexity of the society.
Conducting case studies is also designed to have students consider the roles of constitutional law and the legal justice system in resolving conflicts that arise in the society.
Since students will be required to examine cases from legal, political, and social aspects, students should become better at analyzing factual situations from various viewpoints, and carefully and objectively weighing competing interests of the relevant parties in the cases.
As students are expected to make presentations and participate in class-wide and group discussions throughout the semester, students should be able to further their skills to communicate their knowledge and opinions in a logically clearer manner. Classroom discussion is also important to advance students’ ability to carefully listen and respond to others’ opinions while succinctly identifying the points of discussion, and most importantly, to constantly test their own opinions against others’. In addition, in order to facilitate the development of these skills, students will be asked to make counter-arguments against others’ arguments even when the counter-arguments are not necessarily what the students support.
The lectures will be provided with PowerPoint. However, the sessions will be based on the discussions with the students.
Reading materials will be provided in class. Read the assigned material before each class. Students are required to participate in classroom discussion based on the reading assignment that has been given for the session. To help provide the requisite motivation to stay current on the readings, students may be called on in class.
Active participation in class is expected from everyone. Please note that class participation makes up a signifcant portion of your grade, which means that you must come to class diligently prepared to take part in interactions in class. Also be aware that credit is not given merely for attendance. Your participation, not presence, is what counts toward your grade. The success of the course will depend greatly on your preparedness for class and willingness to engage in dialogue in class.
| 1 | Introduction of the course, Japanese law and Japanese Constitutional law Provide general information about the course (e.g., aims of the course, course schedule, writing assignments, ways to prepare for sessions, grading methods). Understand function and purpose of constitutional law through comparisons between constitutional law, criminal law, and civil law. |
| 2 | Constitutional Law in the Modern Sense The Japanese Political System (1): Structures and Functions of the Diet and Cabinet |
| 3 | The Japanese Political System (2): Roles of the Judiciary and the Separation of Power |
| 4 | Japanese Lay Judge System: Understand the historical origins and purposes of a jury system and lay person participation system Learn the characteristics of the Japanese lay judge system by comparing it with lay person participation systems and jury systems of other countries |
| 5 | Freedom of Thought and Roles of the National Flag and Anthem |
| 6 | Academic Freedom and a Basic Education for Children |
| 7 | Freedom of Expression |
| 8 | Article 9 and National Defense 1: Right to Self-Defense |
| 9 | Article 9 and National Defense 2: Legal Standing to Sue |
| 10 | Article 9 and National Defense 3: Right to Collective Self-Defense, and Right to Live in Peace |
| 11 | Freedom of Religion |
| 12 | Freedom of Religion and the Separation of State and Religion |
| 13 | Freedom of Religion, the Separation of State and Religion, and Incidental Constitutional Review |
| 14 | Constitution and Family Law: Equal Protection and Laws of Marriage and Divorce, and Personal Autonomy and the Idea of Family in the Society |
板書 /Writing on the Board
スライド（パワーポイント等）の使用 /Slides (PowerPoint, etc.)
上記以外の視聴覚教材の使用 /Audiovisual Materials Other than Those Listed Above
個人発表 /Individual Presentations
グループ発表 /Group Presentations
ディスカッション・ディベート /Discussion/Debate
実技・実習・実験 /Practicum/Experiments/Practical Training
学内の教室外施設の利用 /Use of On-Campus Facilities Outside the Classroom
校外実習・フィールドワーク /Field Work
上記いずれも用いない予定 /None of the above
As for the reading assignment, it is highly recommended that you brief the assigned cases, the legal issues of the cases, and the key facts determinant to the conclusions, in preparation for class. This will not only help you effectively participate in class activities, but also give you a set of briefs of the cases at the end of the semester which you can easily refer to for the final exam.
Writing assignments will also be given.
Topics for presentations, classroom discussions, and writing assignments involve mainly examinations of cases and elaborations of opinions on topics that are to be discussed in class. But sometimes you are required to conduct research on the laws, history, and society of Japan, or those of the countries’ of your choosing.
| 種類 (Kind) | 割合 (%) | 基準 (Criteria) |
|---|---|---|
| 平常点 (In-class Points) | 100 |
最終レポート(Final Report)(40%) Participation in class (45%) Writing assignment(15%) |
| 備考 (Notes) | ||
| The final report will take a form of take home exam. The question will be notified 5 to 8 hours prior to the due date/time of the submission of the report. The exact duration from the notification of the question and before the submission of the report will be notified at the end of the course. | ||
なし/None