国际条约在日本国内法体系中的地位:兼对“砂川事件“的透视

根据《日本国宪法》第９８条第２款的规定,国际条约在日本国内法体系中的地位并不明确。但在“砂川事件”中,日本最高法院认定对国家存亡有着重要影响的高度的政治性条约是否违宪的审查,司法机关要受政府和议会的制约,这使政府和议会的立场具有了权威性。而日本政府认为与国家安危相关的条约有高于宪法的效力,其他条约的效力则低于宪法,但高于一般法律。

On the Status of International Treaties in the Japanese National Legal System

According to Art. 98(2) of the Constitution of Japan, the status of international treaties in the Japanese national legal system is not clear. However, in the judgement of the "Sunakawa Case", the supreme court of Japan maintained that judicial bodies must be controlled by the government and parliament in their review of the constitutionality of those highly political treaties which have significant influence on the fate of the state, and this rule has made the opinion of the government and parliament authoritative. According to Japanese government, while the treaties concerning the security of the state have higher effect than that of the Constitution, the effect of other treaties are lower than that of the Constitution, but are still higher than that of general laws.