Koji  Takeda

 

A critical study of the Supreme Court decision on the Asahikawa Achievement Test Case

                                       

                Abstract


  In 1971 the Supreme Court upheld the constitutionality of the 1961 Achievement Test, reversing the original judgment of the lower court.  It was a remarkable decision in that the Supreme Court judged that it is a Principal’s duty as a condition of his public service to carry out the Achievement test.  The Supreme Court rejected both prosecution and defense as extreme and one-sided. While it was a historical and epoch-making decision, it contained one fundamental flaw.  The Supreme Court referred to the importance of common education but the decision was mostly based on an administrative and conventional interpretation of Section 2, Article 26 of the Constitution.  The decision has served as a guide in the education court cases without addressing the inherent and flaw. The intention of this study is to clarify that flaw and reconsider the judgment by way of making a comprehensive examination of Section 2, Article 26 of the Constitution.

 

 

Key Words

The Asahikawa achievement test case, original judgment,  the Supreme Court decision,  achievement test,  section 2 , Article 26 of the Constitution of Japan,  common education,  fundamental law of education