宗教自由、宗教政治参与与政教分离:来自日本的法律思考

K. Yamagishi
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The Japanese would do well to learn from this part of their history and act to ensure freedom of religion by further codifying separation of religion and state. Part I of this article discusses the relevant provisions of Japan's Constitution as it relates to freedom of religion. It also provides a brief historical context by explaining how State Shinto influenced and was influenced by the Japanese political system prior to and leading up to World War II. Part II explains how the religion clauses in Japan's post- World War II Constitution were a reaction to State Shinto and then detafis how Japan's Supreme Court has interpreted diese constitutional provisions. Part III argues for the adoption of a new code to more effectively ensure freedom of religion and separation of religion and state in Japan. Given the current interpretation of the relevant constitutional provisions, this new code significantly advances both freedom of religion and separation of religion and state. I. 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If religious adherents refrain from interfering with public welfare, they do not violate the Constitution when they seek to realize dieir religious goals by participating in politics.5 Consequently, Japanese religious associations can become political powers. In Japan's democratic system, when a large enough number of people share the belief of a particular religious association and vote as a block in elections, they can - and do - add their religious hue to the colors of political power. Japan's poutical landscape is generously colored with religious politics. An obvious example is the ruling coalition of the current government. The Liberal Democratic Party's coalition partner, New Komeito, is backed by a Buddhist sect called Soka Gakkai. 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引用次数: 2

摘要

本文探讨了出于政治目的滥用宗教的问题,以及建立防止这种滥用的法律机制的必要性。我特别考虑到日本在国家神道教方面的经验,这是对宗教国家所面临的危险的有益说明。这并不是说所有神权或半神权国家都必须分享日本的经验相反,我试图通过考虑日本的过去来说明日本未来的一些可能性,并为日本的未来提出一些建议,以防止过去的重演。国家神道教是神道教的一个分支,是日本人特有的信仰。在第二次世界大战之前的大约50年里,神道教实际上是日本的国教,它在日本军国主义的形成中发挥了重要作用。日本人应该从这段历史中吸取教训,并采取行动,通过进一步编纂政教分离来确保宗教自由。本文第一部分论述了日本宪法中有关宗教自由的相关规定。它还提供了一个简短的历史背景,解释了在第二次世界大战之前和导致第二次世界大战之前,国家神道教是如何影响和受到日本政治制度的影响的。第二部分解释了日本二战后宪法中的宗教条款是对国家神道教的反应,然后详细说明了日本最高法院是如何解释这些宪法条款的。第三部分主张通过一项新的法典,以更有效地确保日本的宗教自由和政教分离。鉴于目前对有关宪法条款的解释,这部新法典大大促进了宗教自由和政教分离。1 .日本的宗教自由和宗教政治参与A.日本宗教自由的法律结构日本宪法有几条旨在保障宗教自由和政教分离的条款。宪法明确规定“人人享有宗教自由”。除了信仰和实践个人所希望的宗教的自由之外,宗教自由还被理解为包括政治参与的权利信仰相似的人可以组成宗教社团;可以参与传教活动,传播宗教;他们可以根据自己的宗教信仰为实现这样一个理想的社会而努力由于政治参与往往是宗教自由的第三方面发挥作用所必需的,虽然宪法中没有明确规定,但它是宗教自由的一个可以理解的部分。如果宗教信徒不干涉公共福利,他们通过参与政治来实现自己的宗教目标并不违反宪法因此,日本的宗教团体可以成为政治力量。在日本的民主制度中,当有足够多的人认同某一特定宗教团体的信仰,并在选举中作为一个团体投票时,他们可以——而且确实——将自己的宗教色彩添加到政治权力的色彩中。日本的政治格局中充满了宗教政治的色彩。现政府的执政联盟就是一个明显的例子。自民党(Liberal Democratic Party)的执政伙伴公明党(New Komeito)得到了佛教创价学会(Soka Gakkai)的支持。创价学会最早于20世纪50年代进入政界;他们过去和现在的目标都是通过让更多有道德的人进入政治舞台来挑战政府的腐败,代表普通民众的声音,保护宗教自由创价学会从1955年开始派出候选人参加地方选举,一年后又派出候选人参加全国选举随着时间的推移,通过他们的政治伙伴关系,创价学会获得了一些权力。…
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Freedom of Religion, Religious Political Participation, and Separation of Religion and State: Legal Considerations from Japan
This article examines the misuse of religion for political ends and the necessity for legal mechanisms that can prevent such misuse. In particular, I consider Japan's experience witii State Shinto, which serves as a useful illustration of the dangers incident to religious states. This is not to say that all theocratic or semi-theocratic states would necessarily share Japan's experience.1 Rather, I seek to illustrate some possibilities for Japan's future by considering Japan's past, and to make some recommendations for Japan's future to prevent the past from being repeated. State Shinto is a branch of the Shinto religion, a faith unique to the Japanese people. For about fifty years leading up to and including World War II, State Shinto was the de facto state religion of Japan, and it played a large role in the formation of militarism in Japan. The Japanese would do well to learn from this part of their history and act to ensure freedom of religion by further codifying separation of religion and state. Part I of this article discusses the relevant provisions of Japan's Constitution as it relates to freedom of religion. It also provides a brief historical context by explaining how State Shinto influenced and was influenced by the Japanese political system prior to and leading up to World War II. Part II explains how the religion clauses in Japan's post- World War II Constitution were a reaction to State Shinto and then detafis how Japan's Supreme Court has interpreted diese constitutional provisions. Part III argues for the adoption of a new code to more effectively ensure freedom of religion and separation of religion and state in Japan. Given the current interpretation of the relevant constitutional provisions, this new code significantly advances both freedom of religion and separation of religion and state. I. Freedom of Religion and Religious Political PARTICIPATION IN JAPAN A. The Legal Structure of Freedom of Religion in Japan The Constitution of Japan has several clauses intended to guarantee freedom of religion and separation of religion and state. The Constitution specifies that "freedom of religion is guaranteed to all."2 In addition to the freedom to believe and practice the religion that one desires, freedom of religion is also understood to include a right of political participation.3 Those who share similar beliefs are able to form religious associations; they may participate in proselytizing activities to spread their religion; and they may work toward the realization of such a society as is desirable according to their religion.4 As political participation is often necessary for this third aspect of religious freedom to have effect, it is an understood part of that freedom, though not explicitly stated in the Constitution. If religious adherents refrain from interfering with public welfare, they do not violate the Constitution when they seek to realize dieir religious goals by participating in politics.5 Consequently, Japanese religious associations can become political powers. In Japan's democratic system, when a large enough number of people share the belief of a particular religious association and vote as a block in elections, they can - and do - add their religious hue to the colors of political power. Japan's poutical landscape is generously colored with religious politics. An obvious example is the ruling coalition of the current government. The Liberal Democratic Party's coalition partner, New Komeito, is backed by a Buddhist sect called Soka Gakkai. The Soka Gakkai first entered politics in the 1950s; their goals then and now being to challenge government corruption by bringing more ethical individuals into the political arena, to represent the voice of ordinary people, and to protect the freedom of religion.6 The Soka Gakkai started fielding candidates to run in local elections in 1955 and in national elections a year later.7 Over time, and through their political partnerships, the Soka Gakkai has gained some power. …
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