紀要論文 「戦争法制」の内容分析

稲, 正樹

(80)  , pp.67 - 84 , 2015-09-30 , 国際基督教大学
ISSN:0454-2134
内容記述
Constitutional interpretation change by the Cabinet on last year July 1st on the authorization of the use of the right of collective self-defense was the destruction of constitutionalism that usurped the people’s constitutional amendment right. Now the Diet has been deliberating war legislations. It means the ratification by the Diet of the constitution destruction by the Cabinet. The Diet should withdraw from the black hall, should not start the deliberation of these legislations, should simply return to the fundamental stance of a national representative institution. Current reviewing bills by the Diet labels “Peace and Security Legislations” against the essence of war legislations. The Government intends to establish the permanent law on SDF overseas dispatch under the name of “International Peace Support Law”. It hopes to pass ten amendment laws; SDF Law, PKO Law, Act concerning the Measures for Peace and Safety of Japan in Situations in Areas Surrounding Japan, Ship Inspection Operations Law, Armed Attack Situations Response Act, US Military Action Related Measures Law etc. under the name of “Peace and Security Legislation Improvement Act”. The Government takes the approach of bringing these 11 bills into a pot. It is really lawlessness.Moreover, we can see mushrooming of “new situations” which the Government faces difficulty to explain the meaning of them; “Existence Danger Situations”, “Important Influence Situations”, “Armed Attack Situations”, “International Peace Joint Response Situations” and “Grey Zone Situations”.This paper examines the synopsis of war legislations under deliberation of 189 National Diet. Because of the limit of paper writing volume, this article cannot extend to the full analysis of war legislations. However, I try to make clear that the essence of these war legislations is discarding exclusively defense-oriented policy, making dispatching SDF worldwide and changing Japan into war engaging state. So these are really war legislations.
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