Japanese Constitutional Law

Japanese Constitutional Law

by Percy R. Luney
     
 

Under its postwar Constitution, which was promulgated in 1947, Japan adopted the principles of popular sovereignty, protection of fundamental human rights, judicial independence, and pacifism. It was a somewhat radical change from the Meiji Constitution which it replaced. Despite initial fears concerning a constitution imposed by foreign powers - would an… See more details below

Overview

Under its postwar Constitution, which was promulgated in 1947, Japan adopted the principles of popular sovereignty, protection of fundamental human rights, judicial independence, and pacifism. It was a somewhat radical change from the Meiji Constitution which it replaced. Despite initial fears concerning a constitution imposed by foreign powers - would an authoritarian and traditionalist society and a government hitherto based on the divinity of the emperor be able to adapt to the principles of democratic self-government? - the transition to popular sovereignty proved successful. And although debates over constitutional revision have continued since its enactment, the Constitution has provided the institutional and conceptual framework for the prosperity and democracy that Japan has enjoyed since the war. This volume brings together the reflections and analyses of leading Japanese and American scholars of the Japanese Constitution. They review the past four decades, focusing on the status of the emperor, reappraisal and revisionism, judicial review, and the balance between individual liberties and the public welfare. The renunciation-of-war clause (Article 9) and separation of religion and the state are among the many other topics examined.

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Product Details

ISBN-13:
9780860084976
Publisher:
University of Tokyo Press
Publication date:
02/24/1994
Pages:
340
Product dimensions:
6.20(w) x 9.00(h) x 1.00(d)
Age Range:
18 Years

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Table of Contents

Introduction
Forty Years of the Constitution and Its Various Influences: Japanese, American, and European1
The Constitution of Japan: Pacifism, Popular Sovereignty, and Fundamental Human Rights39
The Constitution and the Emperor System: Is Revisionism Alive?57
Article Nine: Renunciation of War69
Contemporary Democracy in a Parliamentary System87
Authority of the National and Local Governments Under the Constitution109
The Judiciary: Its Organization and Status in the Parliamentary System123
Adjudication and the Governing Process: Political Questions and Legislative Discretion151
Rule of Law and Due Process: A Comparative View of the United States and Japan173
Equal Protection of the Law187
The Separation of Religion and State205
Freedom of Expression: The Continuing Revolution221
Freedom of Economic Activities and the Right to Property255
Welfare Rights269
Rights of the Criminally Accused289
Appendix: The Constitution of Japan319
Contributors331
Index333

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