IRELAND : UNKNOWN KINGDOM OF CONSTITUTIONAL JUSTICE

爱尔兰的宪法司法在日本并不那么有名。但它在爱尔兰政治或社会生活中的影响今天决不能忽视。它的制度本身是在1937年爱尔兰宪法规定。在颁布时，德瓦莱拉从未想过它的积极作用，而只是把它放在宪法文本上。在20世纪50年代之前，宪法案件也很少。但自20世纪60年代以来，此类案件呈爆炸性增长。到那时，爱尔兰社会的现代化已经开始，人们开始意识到他们的人权或公民权利。欧盟的加入加速了这一进程。本研究的目的是介绍日本的宪法司法制度及其运作，并衡量其对爱尔兰宪法司法或政治发展的意义。此外，通过本研究，我们还获得了其他一些收获。这主要表现在：（1）英国法的影响逐渐向后，美国法的影响逐渐向前，然后是欧共体法的影响。（B）当代英国关于成文宪法或选举改革的争论，最近开始把爱尔兰宪政制度作为其前身来看待，笔者在论文中或多或少地写过上述问题。但由于时间的限制，笔者未能对爱尔兰宪法的历史发展进行分析和描述。

Irish constitutional justice has not been so famous in Japan. But its influence in Irish political or social life must not be negligible today. Its system itself is provided in the 1937 Irish Constitution. At the time of the enactment De Valera had never thought of its active functon, but just put it on the text of the Constitution. There were very few constitutional cases until 1950s in effect, too. But since 1960s those cases have been increased explosively. By that time the modernization of Irish society has been begun, and the people began to be conscious of their human rights or citizen rights. The membership to the EC (now Eu) has accelerated this process.The purpose of this study is to introduce the constitutional justice system and its working to Japan, and to measure its significance for the development of the constitutional justice or politics in Ireland.In addition, through this study we also have been able to acquire several other attainments. Those are the followings--(a)the influence of English law goes gradually backward, and instead, the influences of the American law, and then the EC law go forward.(b)Contemporary debates of a written constitution or the electoral reform in Britain recently began to look at the system and function of Irish Constitutional system as their predecessor.This writer has more or less written about the above matters in the essays. But this writer failed to analise and describe the historical development of the Irish Constitution mainly because of the lack of time.this must be done near future.