Departmental Bulletin Paper 近現代ドイツにおける国家と憲法の相剋関係 : それと相連関する憲法・国家概念の変容過程を中心とする一考察
A Study on the Transformation of the Constitution- and State-Concept correlated with the Liberal Democratization in Modern Germany

安, 章浩  ,  Yasu, AKIHIRO  ,  尚美学園大学総合政策学部  ,  Shobi University

24pp.145 - 192 , 2017-06-30 , 尚美学園大学総合政策学部総合政策学会
It is generally said that the retreat of the state begins with the advent of economic globalization, and with that the state-concept also begins to lose its relevance in the political study. This tendency is seen in Japan. But regarding this tendency, the situations are defferent in West Germany. The reason why the relevance of the state-concept declines can certainly be found partly in the retreat of the state, but besides there is an another main reason that has a close relationship to the establishment of “liberal and democratic basic order” in West Germany. During a half century untill the end of Weimar Republic, “Staatlehre” (the theory of state) is a dominant discipline in the political study in Germany. Staatslehre is considered as the expression of German-specific self-assertion that places a great value on the state as “acting entity” against the Anglo-American science of politics that considers the fundamental human rights as the highest value. The idea of modern constitution which represents western value has been penetrating into the German body politic with the expansion of prevailing western capitalism. This conflict between the idea of modern constitution and German state was continued untill the disappearance of Natistate.By the way, in Gemany this conflict involved Staatslehre in its academic endeavor to enhance the relevance of the sate-concept for legitimating German state’s struggle to tackle constituitional problems. One may notice that this movement brought about the transformation of constituition- and state-concept. In this thesis I would like to clarify the reason why the idea of modern constituition can prevail against German state in West Germany by tracing the process of transformation of constitution- and state-concept. And through this exploration I also would like to focus attention on the fact that the victory of the Anglo-American idea of modern constitution means the death of German Leviathan and with that German theory of the state also has lost prominent position in the political study.

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