Law (Constitutional Law) A

Academic unit or major

Humanities and social science courses

Instructor(s)

Masayuki Shinojima

Class Format

Lecture (Face-to-face)

Media-enhanced courses

-

Day of week/Period
(Classrooms)

5-6 Mon

Class

-

Course Code

LAH.S101

Number of credits

100

Course offered

2024

Offered quarter

3Q

Syllabus updated

Mar 14, 2025

Language

Japanese

Syllabus

Course overview and goals

[Summary]
This course offers:
Further knowledge of the provisions guaranteeing fundamental human rights in the Constitution, while considering various perspectives such as the interpretation of the provisions, their position in the Constitution as a whole, and their relationship to the legal system as a whole.
And
Basic methodology of legal thinking through interpretation and application of provisions of human rights.
[aim]
Constitution and other laws in the world are "tools" actually used in society.
The knowledge of the Constitution that you have learned in your educational curriculum may be also practically useful, but if you use laws properly some skills are required called "legal thinking."
Legal thinking will help you avoid and resolve conflicts in your social life and make it more comfortable.
Why not to deepen your knowledge of the Constitution and acquire the basics of "legal thinking" by actually using it?
This course focuses on two aims;
To learn further knowledge of the human rights provisions of the Constitution, which are indispensable for us to live with dignity as human beings.
To have some experience of legal thought, which will help you in your further lives, by practically interpreting and applying those provisions with case studies.

Course description and aims

To comprehend entire body of the Constitution and provisions of guarantee of fundamental human rights.
To acquire contents and boundaries of human rights.
To understand basic methodology for interpretation of laws.
To acquire legal background using the Constitution as a material, and to derive and draft your own answer from a legal point of view by using the legal syllogism in solving problems.

Student learning outcomes

実務経験と講義内容との関連 (又は実践的教育内容)

I will explain methodology of legal mind based on my career of an attorney at law, on assumption using the Constitution and other laws in a court.
Because methodology cannot be acquired without practice, the goal of this class is to produce legal writing.

Keywords

the Constitution, Human rights, Culture

Competencies

• Specialist skills
• Intercultural skills
• Communication skills
• Critical thinking skills
• Practical and/or problem-solving skills

Class flow

First, we overview the Constitution including of governmental functions for beginners. In the middle and second half, we learn common theories, and then go into details of human rights provisions.
In parallel, basic methodology of legal thinking, such as legal syllogism and interpretations will be instructed.
At the end of each lecture, some case studies will be provided as an assignment (I will give some hints in the lecture). For resolving cases, it is required to apply the knowledge of human rights provisions into legal methodology and to document the process of your thought.
Submission of those assignments is not obligatory, as well as perfect answers are not required, but I strongly recommend submitting them as trainings for the final examination, and as usefull skills for your future life.
Please try them.

Course schedule/Objectives

Study advice (preparation and review)

To enhance effective learning, it is recommended to read the corresponding part of the textbook in advance with referring to the course material. Most effective way for review is to make documentation using legal methodology you learned when you answer case studies.
ATTENTION; you could not understand laws and legal mind just by reading textbooks.

Textbook(s)

[Please read the part corresponding to the lecture content in advance.]
Nobuyoshi Ashibe (Kazuyuki Takahashi) “Constitution (8th edition)” (2023, Iwanami Shoten) (Japanese)

Reference books, course materials, etc.

[For beginners]
Supervised by Akira Ikegami, original work by Masanori Kadowaki, drawing by Hiroki Subiki "Manga Our Japanese Constitution" (2019, Shuei-sha)(Japanese)
[For students learning more]
Naoto Katagiri et al. "Introduction to the Constitution to One Step Ahead (2nd Editon)" (2021, Yuhikaku)(Japanese)
Toshiyuki Munesue et al. “Case Book of Fundamental Human Rights: To the World of the Constitution (7th Edition)” (2024, Yuhikaku Selection)(Japanese)

Evaluation methods and criteria

The final examination (if we can have classes in face -to-face)
OR
Term-end report with small assignments on attendance (if we have online classes)
ATTENTION: In case of online, the 8th lecture will not be held.

Related courses

• LAH.S201 ： Law (Constitutional Law) Ｂ
• LAH.S301 ： Law (Constitutional Law) C
• LAH.S102 ： Law (Civil Law) A

Prerequisites

Whoever interested in the Constitution or laws is welcomed.
I personally recommend my course to everyone who wishes to train to make documents reasonably and effectively

Other

The Constitution of Japan is surely a rule regulating our lives as the same of other laws, though it is often argued in political aspect in our country. I recommend to attending to my class because knowledge of the Constitution surely make you develop a sense of basic legalmind useful in your social life.
Also, to think legally and to describe the process your thiking will be useful for your academic life and future.
PLEASE NOTE: If you do not attend my class, your legal argument will not likely reach the level of standard.
Thanks.