Significance Articles of Education in Constitutional Framework - Through a comparison of the Constitution of Japan and the Constitution of the Empire of Japan -

Abstract

This thesis examines the articles related to education in two types of constitutions in Japan. The history of modern constitution in Japan dates back to 1889, 135 years ago. The Constitution of the Empire of Japan established in 1889 for building the constitutional regime and respond to pressures from the Western powers, known as “The Meiji Constitution” after the name of the era at that time, was the Constitution granted by the Emperor. The Meiji Constitution inherited the Prussian Constitution (1848/1850) that contained many articles on education, but The Meiji Constitution itself did not contain any articles on education. Conversely, the current Constitution of Japan established in 1946 which is formally revised of The Meiji Constitution has multiple provisions regarding education, but the Constitution of the United States, on which it is based, has no provisions on education due to its federal structure. Of course, these differences arise from the social or political backgrounds, particularly legal inheritances to each constitution. Therefore, in this thesis, to explore the following points: (1) despite having inherited the Prussian Constitution, the reasons why there were no articles on education in The Meiji Constitution and how educational activities were carried out under those circumstances, (2) the features of the provisions about education in the current Constitution and the educational system based on them, and (3) the significance of positioning education in the Constitution through a comparison of the two, additionally, clarifying the differences of the meaning between articles of education under the Imperial Constitution and those under the Democratic Constitution, and examine the pros and cons of constitutional control over education.

Үндсэн хуулийн тогтолцоо дахь боловсролын тухай заалтуудын ач холбогдол - Японы Үндсэн хууль болон Японы эзэнт гүрний Үндсэн хуулийн харьцуулсан судалгаа -