日本國憲法의 人權에 관한 硏究 = A Study on the Human Rights in the Japanese Constitution

다국어 초록 (Multilingual Abstract)

This thesis aims at studying the characteristics of human rights clauses and the development of human rights thought. For this purpose, Meiji constitution and present Japanese constitution were compared, and the theory development on Japanese human rights after world war Ⅱ and the new human rights since the 1960s were also investigated.
The characteristics of human rights clauses in the Japanese constitution are as follows:
1. Human rights clauses are based on the thought of the natural law, considering human rights as the above-nation rights.
2. In the present constitution, the reservations of laws are not allowed at all.
3. Any exceptional clauses are not allowed and the law inspection right is given to the courts, which results in strengthening the judicial protection of human rights.
4. The span of human rights protection is enlarged. In other words, the span of freedom rights is enlarged and the social rights in newly enacted. On the other hand, the human rights theories after world war Ⅱ are through the follwoing major developments:
1. Regarding the relationship between human rights and public welfare, human rights hold the inherent limitations.
Thus, even in case human rights are limited due to the public welfare, the profit with the limit of human rights should be greater than that without such limit. And this fact is generally accepted in Japan.
It is to done reasonably within the minimum limits, whenever human rights are limited. And such limitations are done by the generally accepted "double-standard theory" distinct using spiritual freedom from economic freedom.
2. The indirect validity theory is well accepted with respect to the effect of human rights between individuals.
3. The new type of human rights is appearing in order to conform to the change of Japanese society since the 1960s. The new important human rights include privacy rights, environment rights and know rights, which are derived from the happiness pursuit rights, the clause 13 of Japanese constitution.

목차 (Table of Contents)

• Ⅰ. 序 論
• Ⅱ. 日本人權史의 展開
• Ⅲ. 明治憲法의 人權宣言
• Ⅳ. 戰後의 人權의 展開
• Ⅴ. 日本國憲法의 人權宣言
• Ⅵ. 日本國憲法의 人權保障의 特質
• Ⅶ. 戰後日本의 人權理論
• 1. 人權과 公共의 福祉
• 2. 人權과 對私人的效力
• 3. 새로운 人權
• Ⅷ. 結 論