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Constitutional Adjudication in Japan: Context, Structures, and Values
Washington University Law Review Volume 88 Issue 6 Decision Making on the Japanese Supreme Court 2011 Constitutional Adjudication in Japan: Context, Structures, and Values John Owen Haley Vanderbilt University Follow this and additional works at: https://openscholarship.wustl.edu/law_lawreview Part of the Comparative and Foreign Law Commons, and the European Law Commons Recommended Citation John Owen Haley, Constitutional Adjudication in Japan: Context, Structures, and Values, 88 WASH. U. L. REV. 1467 (2011). Available at: https://openscholarship.wustl.edu/law_lawreview/vol88/iss6/4 This Symposium is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. CONSTITUTIONAL ADJUDICATION IN JAPAN: CONTEXT, STRUCTURES, AND VALUES JOHN O. HALEY Judicial decision making in Japan has become a topic of considerable interest for at least the cadre of comparative lawyers whose primary concern is constitutional law. Such interest is to be applauded. Comparisons with Japan are always beneficial, in that they require a departure from the prevailing focus on the United States and Western Europe. Broadening the scope of comparison to include Japan, the premier non-Western industrial democracy for over a century, avoids at least some of the significant pitfalls of Eurocentric analyses that too often tend to mislead as much as to edify. The inclusion of Japan in comparative legal analyses forces explicit recognition of assumptions and premises related to legal systems that are frequently left unstated and merely, mistakenly, assumed as universally valid. -
Growing Democracy in Japan: the Parliamentary Cabinet System Since 1868
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by University of Kentucky University of Kentucky UKnowledge Asian Studies Race, Ethnicity, and Post-Colonial Studies 5-15-2014 Growing Democracy in Japan: The Parliamentary Cabinet System since 1868 Brian Woodall Georgia Institute of Technology Click here to let us know how access to this document benefits ou.y Thanks to the University of Kentucky Libraries and the University Press of Kentucky, this book is freely available to current faculty, students, and staff at the University of Kentucky. Find other University of Kentucky Books at uknowledge.uky.edu/upk. For more information, please contact UKnowledge at [email protected]. Recommended Citation Woodall, Brian, "Growing Democracy in Japan: The Parliamentary Cabinet System since 1868" (2014). Asian Studies. 4. https://uknowledge.uky.edu/upk_asian_studies/4 Growing Democracy in Japan Growing Democracy in Japan The Parliamentary Cabinet System since 1868 Brian Woodall Due to variations in the technical specifications of different electronic reading devices, some elements of this ebook may not appear as they do in the print edition. Readers are encouraged to experiment with user settings for optimum results. Copyright © 2014 by The University Press of Kentucky Scholarly publisher for the Commonwealth, serving Bellarmine University, Berea College, Centre College of Kentucky, Eastern Kentucky University, The Filson Historical Society, Georgetown College, Kentucky Historical Society, Kentucky State University, Morehead State University, Murray State University, Northern Kentucky University, Transylvania University, University of Kentucky, University of Louisville, and Western Kentucky University. All rights reserved. Editorial and Sales Offices: The University Press of Kentucky 663 South Limestone Street, Lexington, Kentucky 40508-4008 www.kentuckypress.com Library of Congress Cataloging-in-Publication Data Woodall, Brian. -
Law in the Allied Occupation of Japan
Washington University Global Studies Law Review Volume 8 Issue 2 Law in Japan: A Celebration of the Works of John Owen Haley 2009 The Good Occupation? Law in the Allied Occupation of Japan Yoshiro Miwa University of Tokyo J. Mark Ramseyer Harvard Law School Follow this and additional works at: https://openscholarship.wustl.edu/law_globalstudies Part of the Comparative and Foreign Law Commons Recommended Citation Yoshiro Miwa and J. Mark Ramseyer, The Good Occupation? Law in the Allied Occupation of Japan, 8 WASH. U. GLOBAL STUD. L. REV. 363 (2009), https://openscholarship.wustl.edu/law_globalstudies/vol8/iss2/13 This Article & Essay is brought to you for free and open access by the Law School at Washington University Open Scholarship. It has been accepted for inclusion in Washington University Global Studies Law Review by an authorized administrator of Washington University Open Scholarship. For more information, please contact [email protected]. THE GOOD OCCUPATION? LAW IN THE ALLIED OCCUPATION OF JAPAN YOSHIRO MIWA J. MARK RAMSEYER∗ They left Japan in shambles. By the time they surrendered in 1945, Japan’s military leaders had slashed industrial production to 1930 levels.1 Not so with the American occupiers. By the time they left in 1952, they had rebuilt the economy and grown it by fifty percent.2 By 1960 the economy had tripled, and by 1970 tripled once more.3 For Japan’s spectacular economic recovery, the American-run Allied Occupation had apparently set the stage. The Americans had occupied, and the economy had boomed. The Americans had ruled, and Japan had thrived. -
Appendix SCAPIN 919, “Removal and Exclusion of Diet Member”
Appendix SCAPIN 919, “Removal and Exclusion of Diet Member” May 3, 1946 a. As Chief Secretary of the Tanaka Cabinet from 1927 to 1929, he necessarily shares responsibility for the formulation and promulgation without Diet approval of amendments to the so-called Peace Preservation Law which made that law the government’s chief legal instrument for the suppression of freedom of speech and freedom of assembly, and made possible the denunciation, terror- ization, seizure, and imprisonment of tens of thousands of adherents to minor- ity doctrines advocating political, economic, and social reform, thereby preventing the development of effective opposition to the Japanese militaristic regime. b. As Minister of Education from December 1931 to March 1934, he was responsible for stifling freedom of speech in the schools by means of mass dismissals and arrests of teachers suspected of “leftist” leanings or “dangerous thoughts.” The dismissal in May 1933 of Professor Takigawa from the faculty of Kyoto University on Hatoyama’s personal order is a flagrant illustration of his contempt for the liberal tradition of academic freedom and gave momentum to the spiritual mobilization of Japan, which under the aegis of the military and economic cliques, led the nation eventually into war. c. Not only did Hatoyama participate in thus weaving the pattern of ruth- less suppression of freedom of speech, freedom of assembly, and freedom of thought, hut he also participated in the forced dissolution of farmer-labor bodies. In addition, his indorsement of totalitarianism, specifically in its appli- cation to the regimentation and control of labor, is a matter of record. -
Generational Change and Political Upheaval
Generational Change and Poliri Upheaval Wado Shuichi f X THEN the Liberal Democratic Party (LDP) lost its Diet ma- \ / \ / jority as a result of the House of Representatives llower Y Y House) election of r 993, it was Iorced to relinquish its mo- nopoly on ruling power for the first time since its establishment in r9 5 5. Eight opposition parties subsequently formed a ruling coalition under Hosokawa Morihiro, head of the Japan New Party (fNP). The LDi however, retrieved power within one year by forming a coalition gov' ernment with the Social Democratic Party of |apan (SDPf) and the New Party Sakigake (sa kigake meats "pioneer")under Prime Minister Mu- rayama Tomiichi, leader of the SDP|. The SDPJ held the prime minis- tership for the first time in 46 years, but its briel stint at the helm of goyernment ended with a crushing defeat in national-level elections aker ry95. Many books and articles have been written explaining changes in fapan's political party system in the r99os. Some analysts point to the structural erosion of the " r 95 5 system"' during the LDP'S 38-year ten- ure as the main cause of change. Others argue that the end o{ the LDP- dominant system was linked with global systemic shifts, specifically During the writing and editing of this chaptet I received many thoughtful and con, structive comments.l wouldlike to thank L. William HeiDrich, Jt., Kurusu Kaoru, Paul MidIord, Pamela Noda, Otake Hideo, Jane Singer, Wada Jun, and Yamamoto Tadashi. Theviews expressedherein are mine alone and do not reflect the views or policy oI the [apan Center for Intehational Exchange (]CIE). -
Failed Reform and Policy Changes of the SDPI
Failed Reform and Policy Changes of the SDPI Shinkawa Toshimitsu OR the lirst time since the Katayama cabinet in the late r94os, the Social Democratic Party of ]apan (SDP|)r entered office as part o{ a non-Liberal Democratic Party (LDPI coalition govern- ment in 1993. Only one year later, the SDPI formed a government with its old nemesis, the LDR and a s[rall centrist party called the New Party Sakigake (sakrgake means "pioneer") lounded by LDP de- fectors. At this time the SDPJ, which critics {ormerly labeled as a "party that opposed everything," or "the perpetual opposition," aban- doned its dogmatic leftist policies and translormed itsel{ into what those same critics regarded as "a responsible party with realistic poli cies. " Indicative of this transformation was the party's about-{ace on de- fense andforeign aflairs issues. At the time the SDP] joinedthe non-LDP coalition government, party leaders signed an agreement indicating ac- ceptance of the fundamental policies of the LDP government, which meant in effect that as long as it was part o{ the ruling coalition, the SDP) would neither challenge the U.S.-Japan Security Treaty nor call into question the legality of the Self Defense Forces as it had done in the past. With the establishment of an LDP,SDP]-Sakigake govern- mer.rt, the Socialist leaderMurayama Tomiichibecame prime minister and the SDPf officially relinquished its basic stance of "constitutional pacifism."' The SDPf, formerly called the ]apan Socialist Party (fSP), had long clung to its dogmatic le{tist positions, despite a wldespread percep- tion that they had caused the party's appeal to stagnate. -
Significant Data on Major Disasters Worldwide, 1900-Present
DISASTER HISTORY Signi ficant Data on Major Disasters Worldwide, 1900 - Present Prepared for the Office of U.S. Foreign Disaster Assistance Agency for International Developnent Washington, D.C. 20523 Labat-Anderson Incorporated Arlington, Virginia 22201 Under Contract AID/PDC-0000-C-00-8153 INTRODUCTION The OFDA Disaster History provides information on major disasters uhich have occurred around the world since 1900. Informtion is mare complete on events since 1964 - the year the Office of Fore8jn Disaster Assistance was created - and includes details on all disasters to nhich the Office responded with assistance. No records are kept on disasters uhich occurred within the United States and its territories.* All OFDA 'declared' disasters are included - i.e., all those in uhich the Chief of the U.S. Diplmtic Mission in an affected country determined that a disaster exfsted uhich warranted U.S. govermnt response. OFDA is charged with responsibility for coordinating all USG foreign disaster relief. Significant anon-declared' disasters are also included in the History based on the following criteria: o Earthquake and volcano disasters are included if tbe mmber of people killed is at least six, or the total nmber uilled and injured is 25 or more, or at least 1,000 people art affect&, or damage is $1 million or more. o mather disasters except draught (flood, storm, cyclone, typhoon, landslide, heat wave, cold wave, etc.) are included if the drof people killed and injured totals at least 50, or 1,000 or mre are homeless or affected, or damage Is at least S1 mi 1l ion. o Drought disasters are included if the nunber affected is substantial. -
12543766.Pdf
斤Jゴビ〟′~d爪7//げ/毎ノ卸α〃S仇、ぬ馳りな中 190 Ri$eandFalloftheJapanSocialistParty ItsStrategiesbeforetheMid-60s and their Problemsホ .ヾ///り〃J/71川/ 1・FourStagesoftheJSPTsHistory 2.Conservative Barrier 3.JSPanditsRuralStrategy 4.Failurein Power 5.Loca】Government Alternative 6・LeftwingDominanceandOrganizationalFallacy ConcLusion TheJapanSocialistParty(JSP)wasfoundedinOctober1945,thereby unifyingvariouspre-WarSOCialistfactions.TheJSPmade aluckystart andformed asocialistrleadingcoalition cabinetin1947.Afterthesevere defeatinthe1949generalelection,SOCialists’forcebegantoriseagaln.In theendofthe1950s,theJSPsecuredaboutonethirdoftheDietseats,167 inthe Lower Houseand78intheUpper House.Giventhatthesocialists hadneverwonmorethan42seatsoftheLowerHousebeforethewar,it WaSaremarkablesuccess.(1)NodoubtthedefeatofJapanintheWarand nationwidepovertyfollowingitgavetheJSPanimpetus. lshouldliketoexpressmyappreciationtotheFooverInstitution.Stanford,CA, fortheopportunltytOpreSenttheessentialargumentofthisessay.Formanyhelpful comments and criticismslamindebted to the atendants at the c()nference on the 1955-SytemiIIJapan,he】d at HooverInstitutiollin March,1988,eSpeCially to TetsuyaKataoka,Chairmanoftheconference.Thedraftofthisessaywasp11blished in Tetsuya Kataoka ed,,The1955System:The Origin ofJapan’s Politics(Ann Arbor,Michigan:University of Michigan Press.1989).In this essay.Irevised the draft verymuch. J 189 ぶ.γ如扇 But sucha favourablecondition fortheJSP did notlastlong,In the latterhalfofthe1950s.theJapaneseeconomybegantogrowrapidlyand the1960sfoundmoreandmorepeopleenjoyingnewcomsumerlife.The -
Is the USAF Flying Force Large Enough? Assessing Capacity Demands in Four Alternative Futures
C O R P O R A T I O N Is the USAF Flying Force Large Enough? Assessing Capacity Demands in Four Alternative Futures Alan J. Vick, Paul Dreyer, John Speed Meyers For more information on this publication, visit www.rand.org/t/RR2500 Library of Congress Cataloging-in-Publication Data is available for this publication. ISBN: 978-1-9774-0072-7 Published by the RAND Corporation, Santa Monica, Calif. © Copyright 2018 RAND Corporation R® is a registered trademark. Limited Print and Electronic Distribution Rights This document and trademark(s) contained herein are protected by law. This representation of RAND intellectual property is provided for noncommercial use only. Unauthorized posting of this publication online is prohibited. Permission is given to duplicate this document for personal use only, as long as it is unaltered and complete. Permission is required from RAND to reproduce, or reuse in another form, any of its research documents for commercial use. For information on reprint and linking permissions, please visit www.rand.org/pubs/permissions. The RAND Corporation is a research organization that develops solutions to public policy challenges to help make communities throughout the world safer and more secure, healthier and more prosperous. RAND is nonprofit, nonpartisan, and committed to the public interest. RAND’s publications do not necessarily reflect the opinions of its research clients and sponsors. Support RAND Make a tax-deductible charitable contribution at www.rand.org/giving/contribute www.rand.org Preface The 1997 National Defense Authorization Act (NDAA) directed the Department of Defense to conduct a systematic review of U.S. -
Defense Chronology
Defense Chronology Year Defense Domestic International 1945 Aug 15 World War II ends Oct 24 United Nations established Aug 17 Higashikuni Cabinet formed Sep 2 GHQ established Oct 9 Shidehara Cabinet formed Oct 15 General Staff Office and Military Command abolished Nov 30 Army and Navy Ministries abolished 1946 Jan 27 GHQ orders the suspension Jan 10 First session of U.N. General of Japanese administrative Assembly (London, right over Ryukyu and through February 14) Ogasawara Islands Mar 5 Churchill’s “Iron Curtain” Feb 26 Far East Commission speech formed Oct 1 International War Crimes Apr 5 First meeting of Allied Tribunal in Nuremberg Council on Japan delivers verdicts Apr 24 Civil administration of Dec 19 First Indochina War starts Okinawa established May 3 International Military Tribunal for the Far East opened May 22 Yoshida Cabinet formed Nov 3 Constitution of Japan promulgated 1947 May 3 Constitution of Japan takes Mar 12 Truman Doctrine effect announced Jun 1 Katayama Cabinet formed Jun 5 The Marshall Plan Dec 17 Police Law promulgated announced (National Rural Police and Oct 5 Comintern established municipal police forces established) 1948 Mar 10 Ashida Cabinet formed Apr 1 USSR imposes Berlin Apr 27 Japan Coast Guard Law blockade (through May 12, promulgated 1949) Oct 15 Yoshida Cabinet formed May 14 First Middle East War starts Nov 12 International Military (through February 24, 1949) Tribunal for the Far East Jun 26 Berlin airlift starts delivers verdicts Aug 15 Republic of Korea (ROK) established Sep 9 Democratic People’s -
Enhancement of Orographic Precipitation in Jeju Island During the Passage MARK of Typhoon Khanun (2012)
Atmospheric Research 201 (2018) 58–71 Contents lists available at ScienceDirect Atmospheric Research journal homepage: www.elsevier.com/locate/atmosres Enhancement of orographic precipitation in Jeju Island during the passage MARK of Typhoon Khanun (2012) ⁎ Jung-Tae Leea, Kyeong-Yeon Kob, Dong-In Leec, , Cheol-Hwan Youd, Yu-Chieng Lioue a Division of Earth Environmental System Science, Pukyong National University, Busan, Republic of Korea b Numerical Modeling Center, Korea Meteorological Administration, Seoul, Republic of Korea c Department of Environmental Atmospheric Sciences, Pukyong National University, Busan, Republic of Korea d National Research Center for Disaster-free and Safe Ocean City, Dong-A University, Busan, Republic of Korea e Department of Atmospheric Sciences, National Central University, Jhongli City, Taiwan ARTICLE INFO ABSTRACT Keywords: Typhoon Khanun caused over 226 mm of accumulated rainfall for 6 h (0700 to 1300 UTC), localized around the Jeju Island summit of Mt. Halla (height 1950 m), with a slanted rainfall pattern to the northeast. In this study, we in- Khanun vestigated the enhancement mechanism for precipitation near the mountains as the typhoon passed over Jeju Orographic precipitation Island via dual-Doppler radar analysis and simple trajectory of passive tracers using a retrieved wind field. The Seeder-feeder analysis of vertical profiles of the mountain region show marked features matching the geophysical conditions. Hydraulic jump − In the central mountain region, a strong wind (≥7ms 1) helps to lift low-level air up the mountain. The time taken for lifting is longer than the theoretical time required for raindrop growth via condensation. The falling particles (seeder) from the upper cloud were also one of the reasons for an increase in rainfall via the accretion process from uplifted cloud water (feeder). -
IN SEARCH of SUITABLE POLITICAL LEADERSHIP Japanese Conservatives in Occupation Plans and Policies 1942–1947
B 93 OULU 2010 B 93 UNIVERSITY OF OULU P.O.B. 7500 FI-90014 UNIVERSITY OF OULU FINLAND ACTA UNIVERSITATIS OULUENSIS ACTA UNIVERSITATIS OULUENSIS ACTA SERIES EDITORS HUMANIORAB Juha Saunavaara ASCIENTIAE RERUM NATURALIUM JuhaSaunavaara Professor Mikko Siponen IN SEARCH OF SUITABLE BHUMANIORA POLITICAL LEADERSHIP University Lecturer Elise Kärkkäinen CTECHNICA JAPANESE CONSERVATIVES IN OCCUPATION Professor Pentti Karjalainen PLANS AND POLICIES 1942–1947 DMEDICA Professor Helvi Kyngäs ESCIENTIAE RERUM SOCIALIUM Senior Researcher Eila Estola FSCRIPTA ACADEMICA Information officer Tiina Pistokoski GOECONOMICA University Lecturer Seppo Eriksson EDITOR IN CHIEF University Lecturer Seppo Eriksson PUBLICATIONS EDITOR Publications Editor Kirsti Nurkkala FACULTY OF HUMANITIES, GENERAL HISTORY, UNIVERSITY OF OULU ISBN 978-951-42-6174-9 (Paperback) ISBN 978-951-42-6175-6 (PDF) ISSN 0355-3205 (Print) ISSN 1796-2218 (Online) ACTA UNIVERSITATIS OULUENSIS B Humaniora 93 JUHA SAUNAVAARA IN SEARCH OF SUITABLE POLITICAL LEADERSHIP Japanese conservatives in occupation plans and policies 1942–1947 Academic dissertation to be presented with the assent of the Faculty of Humanities of the University of Oulu for public defence in Kuusamonsali (Auditorium YB210), Linnanmaa, on 29 May 2010, at 12 noon UNIVERSITY OF OULU, OULU 2010 Copyright © 2010 Acta Univ. Oul. B 93, 2010 Supervised by Professor Olavi K. Fält Reviewed by Professor Chiharu Inaba Associate Professor Yoneyuki Sugita ISBN 978-951-42-6174-9 (Paperback) ISBN 978-951-42-6175-6 (PDF) http://herkules.oulu.fi/isbn9789514261756/ ISSN 0355-3205 (Printed) ISSN 1796-2218 (Online) http://herkules.oulu.fi/issn03553205/ Cover design Raimo Ahonen JUVENES PRINT TAMPERE 2010 Saunavaara, Juha, In search of suitable political leadership. Japanese conser- vatives in occupation plans and policies 1942–1947 Faculty of Humanities, General History, University of Oulu, P.O.Box 1000, FI-90014 University of Oulu, Finland Acta Univ.