The Historical Roots of Article 89 of the Constitution of Japan -A General Survey
| Project/Area Number |
15530024
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Public law
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| Research Institution | ISHINOMAKI SENSHU UNIVERSITY |
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Principal Investigator |
SASAGAWA Ryutaro ISHINOMAKI SENSHU UNIVERSITY, Faculty of Business Administration, Professor, 経営学部, 教授 (80215706)
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| Project Period (FY) |
2003 – 2004
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| Project Status |
Completed (Fiscal Year 2004)
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| Budget Amount *help |
¥3,300,000 (Direct Cost: ¥3,300,000)
Fiscal Year 2004: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 2003: ¥2,800,000 (Direct Cost: ¥2,800,000)
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| Keywords | appropriation to private institution / Model State Constitution / National Municipal League / Separation of Church and State / Constitution of Japan / School Aid / Japanese Constitutional History / Blaine Amendments |
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| Research Abstract |
Roughly speaking, Article 89 of the Constitution of Japan resembles some provisions of American State constitutions. In fact, the original draft of Article 89 prepared by Frank Rizzo of GHQ/SCAP is almost a complete copy of that of old Model State Constitution (1924) prepared by National Municipal League which prohibits (among other things) appropriation of public money "for charitable, industrial, educational or benevolent purposes not under the control of the State."
This Model State Constitution provision itself pretty resembles that of the Puerto Rico Jones Act (1917). But, this study has the following hypothesis : So far as this point, resemblance is only on its surface. Meanings or implications of each portion of both provisions are entirely different. That of the former permits appropriation to private institutions in the case State controls appropriation purposes, while that of the latter never permits any such appropriation.
To our regret, no significant records and documents concerning the discussions about this interesting provision remains to be left. Nor reliable explanations on it is available. Then, this study examines various issues which might possibly have considerable influence upon the birth of this unique Model State Constitution provision. The findings of this study strongly suggests that the aforesaid hypothesis is correct.
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Report
(3 results)
Research Products
(1 results)
