☆新日本国憲法のコンセプト・思考実験 [無断転載禁止]©2ch.net

☆新日本国憲法のコンセプト・思考実験 [無断転載禁止]©2ch.net (82ﾚｽ)
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40: 法の下の名無し [] 2016/08/24(水) 23:31:03.52 ID:0pt6X12D

>>1
日本は近代立憲主義だから遅れている
現代立憲主義では市民の秩序に対しても制約を課す
[It also focuses on citizenship as a form of responsible membership in institutions, such as states, corporations, unions or political parties, where membership is regarded as a voluntary association of principals. ]
↓
Contemporary Constitutionalism and the Regulation of Political Parties: A Case Study of Luxembourg
Gabriela Borz
http://www.partylaw.leidenuniv.nl/uploads/wp0911.pdf

Modern versus contemporary constitutionalism and the regulation of political parties

The old liberal and republican doctrines of constitutionalism assign three functions to a modern constitution: constitution of a political entity,
establishment of its fundamental institutional structure, and limitations on the exercise of political power (Castiglione, 1996).

With time, as individual rights became more and more important, constitutions became structures of political legitimation (see Sartori, 1994; Bartolini, 2010).

New constitutionalism aims at emphasizing that ‘its foundation should not just be in the traditional concern for limiting the exercise of political power’ (Elkin, 1993, p. 21).
New constitutionalism goes beyond the aim of protecting individual liberties by limiting the scope and power of government.
It also focuses on citizenship as a form of responsible membership in institutions, such as states, corporations, unions or political parties, where membership is regarded as a voluntary association of principals.

http://lavender.5ch.net/test/read.cgi/jurisp/1469449089/40

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