憲法改正についての自民党の意図は何でしょうか?

憲法改正 社会・政治

ある政党の「思惑」を考える場合、テレビのワイドショー的想像力ですと、どうしても、政党内部の個々人のキャラクターに目が行ってしまい、せいぜい、その各々のキャラクターがどのような思惑を持っているのか、という部分に想像が行ってしまいがちです。

しかし、社会や組織というものは複雑です。社会科学・組織科学の分野の基本テーゼは「社会・組織のダイナミズムは、個々人の総和を超える」です。

個々人を見ていても測り切れない部分があります。なおかつ、仮に個々人に着目するにしても、その政党の「内部」にだけ注目しても、何も見えてきません。

自民党のように長期間権力の座に就いてきた組織を見る場合には、必ずその背後にアメリカと、そのアメリカに圧力を掛けている欧州の影を読み取る癖を身につけよう、というのは良く言われることですね。

しかるに自民党による憲法改正案(草案)を眺めるにあたっては、自民党の個々の政治家の顔(例えば安倍晋三氏)を思い浮かべながら読む「のではなく」、その背後にある国外の権力関係や、個々人の総和を超えているダイナミズムを読み取る必要があります。

例えば、これは受け売りに過ぎませんが、憲法学者・古関彰一氏は、自民党の憲法草案の9条改正部分について、もし自民党が自衛隊を通常の軍隊として取り扱いたいならば、軍隊を持つ国々が必ず憲法において明記している宣戦布告規定がない、という部分に着目し、その意図について分析しています。

深読み過ぎるくらいが、丁度良いでしょう。

スポンサーリンク

自民党の憲法改正草案への総論的傾向

2012年の4月27日に発表された、自民党の憲法改正草案を、総覧的に眺めてみますと、ひとつの統一的な傾向が見られることに気づきます。

それは、憲法も含めた国家による意思決定を国民は尊重すべきである、という態度です。

もちろん原理原則論から言うなれば、憲法であれ法律であれ、国会で制定される法律も、その法律の範囲に基づいて実行される裁判所の判決や、内閣及び公務員が実施する行政も、国民自身が議院内閣制と言うシステムを介したアウトプットのひとつなのですから、それを尊重し、遵守する必要があろう、というのは、理路としては理解できます。

自分たちのことは自分たちで決めるという理念に照らすならば、国会議員や公務員、閣僚、裁判官に、国家的意思決定についてのあらゆる責任を押し付けるという態度は、必ずしも誉められたものではないでしょう。彼らはあくまでも我々の意見を、ある固有の仕方で集約するため、我々が税金を用いて雇っているスタッフであるに過ぎません。

しかし憲法というものは、それに準ずる法律も含めて、解釈の自由度に開かれています。そして何よりも問題なのは、その解釈の仕方が、いま述べたような原理原則論的な範囲からなされるとは限らない、という点です。私たちは、憲法や法律の条文を、論理内在的な観点からだけ眺めるわけにはいかず、その条文が、どのような「解釈の余地を残しているのか」に目を光らせる必要があります。

その意味で言うと、自民党の憲法改正草案には、冒頭で述べたような、一種の「クセ=国家を尊重せよ」があり、ここに解釈の自由度がどの程度宿るのか、をきちんと測定する必要があります。

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In addition, United States cellular networks run usually below. And at the exact same prices for phone calls, messages and network – a godsend, specifically when it pertains to the Net! Particularly considering that the wifi in lots of places in Puerto Rico was so poor. The main languages are Spanish as well as English – but the large bulk of locals speak rather the previous. Puerto Rico lies in the humid equatorial climate area, as well as the average annual temperature is around 25 levels Celsius. The tourist season ranges from December 15 to April 15, and also exotic hefty rainfalls most often happen in the high period. And it became true – during our week-long stay it didn’t rain only one day. Thankfully, the rain, although it was putting down, came very rapidly and also after 15-20 minutes the tornado mored than and the sunlight was shining once more. An intriguing truth is that, according to a study performed once, Puerto Ricans are the happiest nation in the world. If this holds true, it would mean that the popular statement that money does not bring happiness has a grain of reality in it. It is estimated that practically half of the inhabitants of Public Relations deal with destitution, which can be seen while traveling around the island. Since Puerto Rico is an island, it is most definitely an airplane Or a ship, if you intend to link on Public Relations throughout a cruise in the Caribbean. The main flight terminal in San Juan the capital is well gotten in touch with major United States cities. From what I keep in mind, our trip from Atlanta lasted 3 hours It is best to rent a vehicle in Puerto Rico as well as travel around the island in this way. We had the chance to utilize the general public Puerto Rico transportation only as soon as, in the form of a ferry, as well as if all the rest functions according to similar guidelines, I highly recommend this car than aggravating Pointer – it’s actually worth renting out a vehicle with a higher suspension. We did not know concerning it as well as we decided to acquire some little gingerbread because of the most effective cost. We quickly regretted this decision, since some corners of Puerto Rico are best discovered with a 4×4 SUV. Caribbean, an island in between the Caribbean Sea and also the North Atlantic Ocean, east of the Dominican Republic, strategically located on the Mona Strait – a key course to the Panama Canal; San Juan is among the largest and finest natural harbors in the Caribbean; a lot of small rivers and high mountains in the facility of the country ensure great irrigation of the nation; the south coast is fairly completely dry; in the north, a productive strip of coastal plains. No person flies to Puerto Rico to see its air-conditioned government structures. You want enjoyable in the sunlight. Fortunately is that Flamenco Beach will live up to your visions and afterwards some. Not just does it supply white sand and also blue water that shimmies imminent, however it additionally flaunts washrooms, lifeguards, food kiosks, volley ball webs and also tourist terminals where you can lease devices for points like snorkeling as well as diving. Puerto Rico’s economic climate is among the most dynamically creating in the Caribbean. The varied market has plainly surpassed farming as the main driving pressure of the economic climate as well as an income source. Given that the 1950s, American companies have actually been spending heavily on the island, encouraged by duty-free access to the US market as well as tax obligation breaks. The island has United States base pay laws. Sugar manufacturing shed its prominent setting in agriculture to milk and also livestock manufacturing. Tourist is typically a vital source of income, it is estimated that Puerto Rico was gone to by almost 5 million people in 2004. 2001-03 saw a decline in economic growth, primarily as a result of the US recession; in 2004-05 there was a financial growth, as well as in 2006-07 it fell again. Puerto Rico is among the most dynamically establishing Caribbean countries. The diversified industry has actually outshined farming and also is now the primary income. Since the 1950s, American companies have been investing on the island, motivated by the duty-free exchange with the UNITED STATES and tax obligation motivations. The island is subject to United States minimum wage legislation. Sugar production reduced, and also the dairy sector as well as livestock production became the major income source. Tourist has actually been an essential income source for several years. It is approximated that in 1999 Puerto Rico was seen by 5 million tourists. The diagnosis for 2000 is great, gave that the economic boom in the United States and the development trends in tourist and also building continue. Every person desired a piece of the New World, and everyone agreed to fight to get it. Nowhere is this more apparent than the Castillo San Felipe del Morro. Formally known as La Ruta del Lechón, the Pork Highway is specifically what it seems like: a three-mile stretch of roadway where every restaurant concentrates on pork. One of the most popular kind of pork is lechón, an unique dish in Puerto Rico that entails spit-roasting a whole pig with a mix of sauces as well as spices. Obtain your blood pumping with a trip to the Toro Verde Adventure Park in central Puerto Rico. It supplies ziplines, rope programs and also rock climbing obstacles that are guaranteed to make you pee your trousers a little when you understand simply what you’ve obtained into! The park’s piece de resistance is “The Monster,” which is provided in the Guinness Book of World Records as the lengthiest zipline worldwide. With cobbled streets, busy plazas as well as vibrant residences that stack together like building blocks of yellow, blue, eco-friendly, orange and blue-green, Old San Juan is among one of the most vivid places to check out in Puerto Rico. This is why areas like Isla Culebrita exist. Isla Culebrita is an unoccupied island off the coast of eastern Puerto Rico. 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Officially known as La Ruta del Lechón, the Pork Highway is precisely what it seems like: a three-mile stretch of roadway where every restaurant focuses on pork. One of the most prominent sort of pork is lechón, an unique recipe in Puerto Rico that includes spit-roasting an entire pig with a blend of sauces and seasonings. Get your blood pumping with a journey to the Toro Verde Adventure Park in central Puerto Rico. It supplies ziplines, rope courses as well as rock climbing challenges that are guaranteed to make you pee your trousers a little when you recognize just what you have actually obtained into! The park’s piece de resistance is “The Beast,” which is detailed in the Guinness Book of World Records as the lengthiest zipline in the world. With cobbled streets, hectic plazas and vivid houses that stack with each other like foundation of yellow, blue, eco-friendly, orange and blue-green, Old San Juan is one of one of the most lively areas to check out in Puerto Rico. This is why locations like Isla Culebrita exist. Isla Culebrita is an uninhabited island off the shore of eastern Puerto Rico. It’s only concerning a mile long, as well as accessibility is limited to ferries and water taxis. Museo de Las Americas There are numerous galleries in Puerto Rico, but only a handful are in fact regarding Puerto Rico. The Museo de Las Americas is just one of these priceless places. It has artefacts, symbols as well as fabrics from loads of native teams that resided in Latin America prior to it was colonized, and also it can take you on a multi-continental trip through history. If you like to eat, Mayaguez is the city for you. It’s home to whatever from great dining facilities to open-air cafes with large, colorful umbrellas, so you’ll have lots of options when your tummy starts growling. El Yunque National Forestis Treatment more than 28,000 acres, the El Yunque National Park is a rich, humid rain forest where thick foliage covers whatever from slinking snakes to croaking tree frogs. It’s the only exotic rainforest in Puerto Rico, and site visitors come from throughout the Carribean to witness both its beauty and also biodiversity. Found in the city of Cabo Rojo on the most southern suggestion of Puerto Rico, the Los Morrillos Lighthouse is among those lovely areas that you can only find in the Caribbean. It’s perched in addition to white sedimentary rock cliffs that are surrounded by salt marshes and shallows, and also the waves collision versus the high cliffs with a violence that’s stunning yet beautiful. Cayo Santiago is a tiny stretch of land off the eastern coast of Puerto Rico.

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