Japan's Commission on the Constitution: The Final Report

This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

"Book Abstract and Keywords: The study of Japanese politics has flourished over the past several decades. This Handbook provides a state-of-the-field overview for students and researchers of Japanese. The volume also serves to introduce Japanese politics to readers less familiar with Japan. In addition, the volume has a theme of "evaluating Japan's democracy." Taken as a whole, the volume provides a positive evaluation of the state of Japan's democracy. The volume is divided into two parts, roughly corresponding to domestic Japanese politics and Japan's international politics. Within the domestic politics part, there are four distinct sections: "Domestic Political Actors and Institutions," covering the Japanese Constitution, electoral systems, prime minister, Diet, bureaucracy, judiciary, and local government; "Political Parties and Coalitions," covering the Liberal Democratic Party, coalition government, Kōmeitō, and the political opposition; "Policymaking and the Public," covering the policymaking process, public opinion, civil society, and populism; and, "Political Economy and Social Policy," covering industrial, energy, social welfare, agricultural, monetary, and immigration policies, as well as social inequality. In the international relations part, there are four sections: "International Relations Frameworks," covering grand strategy, international organizations, and international status; "International Political Economy," covering trade, finance, foreign direct investment, the environment, economic regionalism, and the linkage between security and economics; "International Security," covering remilitarization, global and regional security multilateralism, nuclear nonproliferation, naval power, space security, and cybersecurity; and, "Foreign Relations" covering Japan's relations with the United States, China, South Korea, ASEAN, India, the European Union, and Russia. Keywords: international relations, comparative politics, democracy, international order, alliances, space security, elections, Liberal Democratic Party, multilateralism, remilitarization, international organizations, populism, civil society, coalitions, political parties, trade, finance monetary policy, foreign direct investment, cybersecurity"--

Japan's Contested Constitution is essential reading for anyone with an interest in Japanese domestic politics and the international role of Japan. Subjects covered include; * the no war, `pacifist' clause * tension between the constitution and the US-Japan security treaty * the political import of the constitution for Japanese political parties * the significance of the constitution for the Japanese people

This book examines Japan and Korea's post-World War II constitutional history to challenge enduring assumptions about the nature of constitution-making.

Japan is a vibrant democracy, but its citizens have neither been given-nor have they taken-responsibility for authoring their own constitution. In 1889 the Emperor Meiji, supported by a group of oligarchs, bestowed an autocratic constitution upon his subjects. Then, in 1947, the U.S. occupation forces imposed a democratic constitution on the defeated citizens of postwar Japan. While this document has been the persistent object of intense debate, it has never been amended. But public opinion has shifted in favor of revision. Both the ruling Liberal Democratic Party (LDP) and the main opposition party, the Democratic Party of Japan (DPJ), are preparing constitutional drafts, and Japan is in the midst of one of the most consequential tests of its democratic institutions. Although the contemporary revision debate encompasses a number of weighty issues, including the role of the emperor and basic rights of citizens, one passage in particular continues to cast a shadow over the entire enterprise: Article Nine, the famous "peace clause" renouncing the possession and use of force for settling international disputes. Long the primary target of revisionist fervor, Article Nine was at the center of the first serious revision debate in the 1950s and controversies arising from its application again helped to ignite the contemporary revision movement after the Gulf War in 1991. Seen variously as an impediment to national autonomy, national muscularity, and national honesty, Article Nine has been continuously reinterpreted as the domestic and international political landscapes have shifted. This study examines why Article Nine has survived without amendment for so long, why it has returned to the political agenda with such force in recent years, and how debate over its revision will affect Japanese domestic politics and foreign policy.

This 1989 Yoshino Sakuzo prize-winning book is essential reading for understanding Japans postwar constitution, political and social history, and foreign policy. In this, the most complete English account of the origins of Japans Constitution, the author presents new interpretations of the behind-the-scenes actors who shaped the Japanese Constitution: the petulant General Douglas MacArthur, Japanese defenders of the conservative order, Japanese liberal and socialist reformers, and moderate Allies sitting on the Far Eastern Commission. }This 1989 Yoshino Sakuzo prize-winning book is essential reading for understanding Japans postwar constitution, political and social history, and foreign policy. The most complete English account of the origins of Japans constitution, it analyzes the dramatic events of 19451946 that lead to the birth of Japans new constitution. Koseki Shoichi challenges t he simplicity of the current interpretation that General Douglas MacArthur in February 1946, faced with inept Japanese efforts at constitutional reform and Soviet interference through the Far Eastern Commission, secretly ordered his staff to write a constitution in seven days and then imposed it on Japan. Differentiating between the adoption procedure and the framing process, the author argues that the latter was varied, complicated, and rich, going beyond the actions of two nations and their representatives. It involved the clash of legal ideas, the conflicting efforts of individuals of different cultures and different political persuasions, and significant contributions by people with no connection to government.Drawing on Japanese, American, and Australian archives as well as recent scholarly research, Koseki presents new and stimulating interpretations of MacArthurs actions, the Ashida amendment of Article 9, Yoshidas role, and much more. Criticizing Japanese conservative defenders of the old order, he explores Japanese liberal and socialist ideas on constitutional reform and reevaluates the Far Eastern Commissions influence on MacArthurs policies and on the shaping of the basic principles of Japans antiwar constitution. }

The Constitutional Case Law of Japan, 1970 through 1990, contains translations of 47 Japanese judicial decisions, selected after consultation with leading Japanese constitutional lawyers and judges. Landmark decisions, cases considered legally, socially, or politically importatn, and cases of special interest to the foreign scholar are included. Major areas covered are the renunciation of war, equality of rights, economic freedoms, rights related to the quality of life, rights of participation in election politics, procedural rights, and rights and freedoms of the spirit. A substantial introduction gives an overview of Japan’s constutionalism since 1945, and concisely explains the constitutional system and the courts and their roles. Brief summaries of the cases translated and cases not translated are provided.

The dramatic growth of the Japanese economy in the postwar period, and its meltdown in the 1990s, has attracted sustained interest in the power dynamics underlying the management of Japanês administrative state. Scholars and commentators have long deba