検定forくらしの法律相談窓口

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Laws in modern times and later are enacted through parliamentary resolutions. Focusing on this point, when a law is distinguished from other legal forms such as constitutions and orders, it is called law in the formal sense.

law of substance

As for the significance of the law in its substantive sense (the substantive meaning of the law), there are mainly the following positions.

* In the 19th century, when the constitutional monarchy was in effect, only the authority to enact laws restricting the people's "liberty and property" was transferred to the parliament. general/abstract legal norms” (traditional understanding of legal regulations). This position was the result of a compromise between the monarch and the people (parliament) under the German Constitutional Monarchy, and was the mainstream position under the Constitution of the Empire of Japan.

*In today's world, when the concept of sovereignty is widely recognized, there are many positions that regard it as a general and abstract legal norm, without the limitation of 'freedom and property'. This position believes that the generality of the law (equal application of law to an unspecified number of individuals and cases) is guaranteed by considering it in this way, and that it is in line with the principle of the rule of law (one of the modern understandings of laws and regulations). ). For example, the law in the substantial sense under the Constitution of Japan is said to refer to general and abstract legal norms.

* There are also cases in which constitutions stipulate matters under the jurisdiction of laws in a substantive sense. Under the French Fifth Republic constitution, the jurisdiction of the law is narrowly defined, so the powers of parliament are narrow and there is a lot of room for the government to operate without parliamentary control.