Research of Pluralism and neutrality of the state from the viewpoint of the public law

点击翻译按钮获取中文摘要

This Research Project aims at a complex study of the pluralism and the neutrality of the State from the viewpoint of the constitutional law. As the method of this Research I used the investigation both of the Japanese theory of constitutional and human rights in the symptom of the globalization generally and of the roles and the meanings of the human rights in the field of culture, sports and family relations especially.The Japanese theory of constitutional rights plays only the restrictive role in the epoch of the globalization. For example, the freedom of job is thought as being irrelevant to the monopoly of the Sports-Lottery by the state for the promotion of the sports' events. And the equality between the children is injured by the traditional image of the family relationship. The Japanese Supreme Court has the general tendency to prefer the interests of the state to the pluralistic social order or the respect for the individuals.In order to overcome this situation in Japan, man must inquire of the theory of the constitutional patriotism, which is contend by the political scholars and is developed by the sociologist in Germany. I think that the theory of the constitutional patriotism is very useful to harmonize the diversity of individual opinions and the views of values in the pluralistic society