Keio University

First, from 'Constitutional Law,' 'Civil Code,' and 'Criminal Law'

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  • Tsuyoshi Koyama

    Faculty of Law Professor, Department of Law (Constitutional Law)

    Tsuyoshi Koyama

    Faculty of Law Professor, Department of Law (Constitutional Law)

Law Subjects to Study at Hiyoshi

Do you know how many laws there are in Japan? It is said that there are just under 2,000. If you add cabinet orders, ministerial ordinances, regulations, and the like, the number exceeds 8,000. Of course, you will not learn all of them. What you will learn at the beginning of your first year are constitutional law, civil code, and criminal law. These are the fundamental codes for systematically studying law. If you do not understand the Civil Code, you will spend your four years in the Faculty of Law without understanding the basic mechanisms of society, such as 'contracts' and 'torts.' Furthermore, even popular fields like company law and economic law will end up being completely incomprehensible. Also, criminal penalties are not only stipulated within the law named the 'Criminal Code' but are also defined in the Road Traffic Act, the Antimonopoly Act, the Financial Instruments and Exchange Act, and youth protection and development ordinances, among others. Knowledge of criminal law is a prerequisite for understanding these laws and regulations.

What Is Constitutional Law?

What I am in charge of is constitutional law. Modern constitutions have two pillars: the guarantee of human rights and the separation of powers (governance). In the first year, we focus on human rights, and in the second year, on governance. Because it is the supreme law that guarantees freedoms the state must not violate and separates powers to prevent the emergence of a dictator, it is said that 'the constitution is a law that binds state power.' What is important in legal studies is to think concretely through cases. However, focusing only on cases can lead to 'not seeing the forest for the trees.' In my lectures, I try to move back and forth between specific cases and general theories. Also, while lectures in large classrooms tend to be one-way, I sometimes take up case studies based on the latest incidents that have not yet gone to trial or cases for which a Supreme Court decision is scheduled soon, and have students debate them. Human rights, in particular, have numerous precedents and judicial cases, and thematically include ongoing topics such as hate speech and separate surnames for married couples. You will surely be able to study it with interest. Now, the Civil Code is sometimes compared to internal medicine, and criminal law to surgery, but what do you think constitutional law can be compared to? Please find the answer for yourself.