Study on Japan''s Constitutional Right to Assemble--concurrently to Discuss Arguments of The Law of Assembly and Procession in Taiwan

• Main Authors: Kaung, Shih-Tai, 鄺世泰
• Other Authors: Hu, chin-San
• Format: Others
• Language: zh-TW
• Published: 2000
• Online Access: http://ndltd.ncl.edu.tw/handle/39941505826061605334

碩士 === 淡江大學 === 日本研究所 === 88 === Total pages：165 Title of Thesis：Study on Japan’s Constitutional Right to Assemble －－Concurrently to Discuss Arguments of The Law of Assembly and Procession in Taiwan－－ Key word：Right to assemble/judicial review/freedom of expression/double standard Name of Institution：Graduate Institution of Japanese Studies, Tamkang University Graduate date：May.2000. Degree conferred：Master Degree of Law Name of student： Kaung, Shih-Tai Advisor ：Hu, Chin-San 鄺 世 泰 胡 慶 山 Abstract： ‘’The right to assemble（concluding parade, demonstrate）’’ a collective freedom of expression, is a basic inherent natural essential liberty. The right to assemble not only has classical right character that can passively resist governmental authority to intervene at random, but also should be a positive ‘’the right to know’’. The right to assemble is sprouted from parliament out of function and mass media monopolized by tycoons that block people entering the ’’marketplace of ideas’’. In such circumstances, the only way that people can choose to communicate with others and express their views and ideas is ‘’the right to assemble‘’. Most of the Japanese scholars declare that the right to assemble in the article 21 of Japan Constitution is a ’’external spiritual freedom’’, also to be part of the broad sense of freedom to express. In addition to that, according to the ’’double standard theory’’ it should be strictly and highly protected for it’s constitutional ‘’superior position’’. Nevertheless, up to now there were little such systematic studies neither in the academic circle nor judicial precedents in Taiwan. On the ground that, this essay''s main purpose is by discussing Japan''s related theories and judicial precedents about assembly in order to establish the systematic constitutional study and promote the level of protection of ‘’the right to assemble ‘’in Taiwan. This study''s content is mainly adopted comparative method to deliberate the freedom to assemble in Japan''s constitution. Especially it is focused on discussing the theories related to constitutional protection and regulation of assembly, by analyzing how to use the different principles and tests in the judicial review in Japan''s courts. The region of the study is separated from 4 chapters; Chapter 1 is an introduction. Chapter 2 introduces the history and development of Japan''s constitutional ‘’the right to assemble’’, and to clarify it''s conception, value, and constitutional position. Chapter 3 discusses protection and restriction of ‘’the right to assemble’’ in Japan''s constitution, with referring to Japan, U.S.A. Supreme Courts apply the judicial principles and tests to review the regulations of assembly if it is violating the constitution. Chapter 4 discusses the Grand Justice Meeting’s definition No.455 to argue the violation of the Constitution of Taiwan''s Law of Assembly and Procession.