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Please use this identifier to cite or link to this item: http://ir.jwcpe.ac.jp/dspace/handle/123456789/541

Title: 検閲の概念に関する諸説の関係について
Other Titles: Consideration of interrelationship between theories over the concept of censorship
Authors: 久保, 健助
Kubo, Kensuke
クボ, ケンスケ
日本女子体育大学助教授
Keywords: censorship
prior restraint
functionality
Issue Date: Mar-2003
Abstract: There have been three major conflicting theories over the interpretation of the concept of censorship stipulated in the section 2 of Article 21 of the constitution of Japan. And the Supreme Court has adopted its own interpretation. Under the circumstances, a little confusion on its understanding can be observed in some major textbooks of the Constitution. The cause of the confusion is attributed to the fact that the criterion for classifying those theories has been so far based on which body is responsible for censorship, public authorities or administrative authorities. This way of classification isn't always an absolute criterion for the theories. The criterion should rather be on the difference of “functionality”of each theories. To produce evidence to the notion, we will firstly consider the three major theories and the Supreme Court's concept of censorship. Secondly, we will confirm the principle of prohibition on prior restraint, which has been a superordinate concept for prohibition of censorship, and then draw the conclusion based on those observations.
URI: http://ir.jwcpe.ac.jp/dspace/handle/123456789/541
Appears in Collections:第33巻

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