Constitutional Law II (human rights and judical review)

Course Contents

This course examines the protection of human rights and judicial review system (The general remarks of Constitutional studies and government system are examined in the course 'Constitutional Law I'). First we make a survey of judicial review system in Japan. Then, we examine the constitutional theories and cases on human rights.

Key Features

In this course students will learn about interpretations of article same as other courses in faculty of law. But many of students do not want to become lawyers / paralegals. For them it is more important acquiring the ability to examine various daily issues from aspect of human rights than acquiring the details knowledge of interpretations. So, I will mention the history of human rights and the manifestations in other countries too. Through that, students may understand human rights – related issues deeply and cultivate their insight into those issues.

Course Overview

Subject to completing the course 'Constitutional law I', in this course we examine the constitutional theories and cases on human rights. In Japan, the Constitution adopts judicial review system and we deal with most of the problems on human rights through judicial review. So it is not enough that you memorize interpretations of the Constitution. You need to examine when / where / how human rights are guaranteed or not actually in constitutional cases.

At first I lecture on a basic knowledge of judicial review in Japan. After that, we learn mainly about interpretations of the Japanese constitutions. But at the same time, I want to mention the history of human rights and the manifestations in other countries too. I want students to understand human rights – related issues deeply and cultivate their insight into those issues through this course.

Course Aims

The purpose of this course is

1. To learn about famous human rights cases and consider them;
2. To understand basic theories on human rights;
3. To understand the judicial review in Japan and apply that to concrete human right issues.

Important points

I expect you to read newspapers (not TV or Internet news) daily. It is hard to study Constitutional law unless you pay attention to actual situation of politics and your society.

Course Schedule

Session	Contents
1	Introduction: why protect human rights by Constitution?
2	The Judicial power and judicial review system(1)
3	The Judicial power and judicial review system(2)
4	Protection of human rights: Structural issues(1) Restrictions on rights
5	Protection of human rights: Structural issues(2) Applicability of rights
6	Right to life, liberty and the pursuit of happiness
7	Equality under the law(1)
8	Equality under the law(2)
9	Freedom of thought and conscience
10	Freedom of religion and Separation of government and religion(1)
11	Freedom of religion and Separation of government and religion(2)
12	Freedom of speech(1)
13	Freedom of speech(2)
14	Economic freedoms
15	Summary / Final exam

Grading

Evaluation is based on the final exam (essay test).
100-80 points = A
70-79 points = B
60-69 points = C
0-59 points = D (Fail)

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