The Constitution of Japan (1947)
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It Would Make No Sense for Article 9 to Mean What It Says, Therefore It Doesn’T
Volume 11 | Issue 39 | Number 2 | Article ID 4001 | Sep 29, 2013 The Asia-Pacific Journal | Japan Focus It Would Make No Sense for Article 9 to Mean What it Says, Therefore It Doesn’t. The Transformation of Japan's Constitution 日本国憲法の変容 9条の文面は意味不明。しかるに文 字通り受け止めるべからず C. Douglas Lummis It should be done quietly. One day everybody woke up and found that the Weimar Constitution had been Nihonkoku Kenpo Kaisei Soan (Proposal for changed, replaced by the Nazi Amendment of the Constitution of Japan) Constitution. It changed without anyone noticing. Maybe we could Central Office for the Promotion of learn from that. No hullabaloo. Constitutional Reform: Drafting Committee The Liberal Democratic Party of Japan Aso was bombarded with criticism from within Japan and from around the world, from people 27 April, 2012 shocked to learn that there is a political leader Nihonkoku Kenpo Kaisei Soan: Q&A (Proposal in a major democratic country who could for Amendment of the Constitution of Japan: confess to believing that something useful Q&A) about how to deal with democratic constitutions can be learned from the Nazi Central Office for the Promotion ofexample. After a couple of days, he “retracted” Constitutional Reform the statement. Trouble is, you can’t talk the cat back into the bag once you’ve let it out. And The Liberal Democratic Party of Japan also, if you make a statement that reveals your dreadful ignorance (The Weimar Constitution October, 2012 was never amended by the Nazis; the Nazis did not take over the government “quietly”) There is a rumor in Japan that Aso Taro, former retracting it will not persuade people that you Prime Minister and present Deputy Prime weren’t so ignorant after all. -
Japan Imperial Institution: Discourse and Reality of Political and Social Ideology
Volume 3, Issue 10, October– 2018 International Journal of Innovative Science and Research Technology ISSN No:-2456-2165 Japan Imperial Institution: Discourse and Reality of Political and Social Ideology Reihani Suci Budi Utami I Ketut Surajaya Under graduate student Japanese Studies Program Professor of History, Department of History, Faculty of Humanities University Indonesia, Depok 16424, Japanese Studies Program Faculty of Humanities University Indonesia Indonesia, Depok 16424, Indonesia Abstract:- This study discussed the position and role of state slogan Fukoku Kyouhei(Strong Military Rich State) the Emperor based on two Constitutions that have been proclaimed by Meiji government. and are in force in Japan, namely the Meiji Constitution and the 1947 Constitution. The focus of this study was to The Japan State Constitution, passed in 1946 and describe Articles governing the position and role of the implemented in 1947, was compiled during the American Emperor in Japanese government are implemented. The Occupation under General Douglas MacArthur. Democracy study found that articles governing the position of and peace were the ideological foundation of the 1947 Emperor in the Meiji Constitution were not properly Constitution. The Imperial Institution was separated from implemented due to military domination in the the State institutions that run the Government. The position government. Emperor Hirohito in reality did not have of the Emperor as symbol of State union shall not interfere full power in carrying out his functions according to the in administration affairs of the Government. institution. Articles governing the position and function of the Emperor in the 1947 Constitution are proper. In the Meiji Constitution, the Emperor was a Head of Emperor Hirohito, who was later replaced by Prince State who had wide prerogative rights. -
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A TIME FOR CHANGE? JAPAN’S “PEACE” CONSTITUTION AT 65 Edited by Bryce Wakefield Available from : Asia Program Woodrow Wilson International Center for Scholars One Woodrow Wilson Plaza 1300 Pennsylvania Avenue NW Washington, DC 20004-3027 www.wilsoncenter.org Photo: A supporter of Article 9 protests outside the National Diet of Japan. The sign reads: “Don’t change Article 9!” © 2006 Bryce Wakefield ISBN: 978-1-938027-98-7 ©2012 Woodrow Wilson International Center for Scholars, Washington, D.C. www.wilsoncenter.org The Woodrow Wilson International Center for Scholars is the national, living memorial honoring President Woodrow Wilson. In provid- ing an essential link between the worlds of ideas and public policy, the Center addresses current and emerging challenges confronting the United States and the world. The Center promotes policy-relevant research and dialogue to in- crease understanding and enhance the capabilities and knowledge of leaders, citizens, and institutions worldwide. Created by an Act of Congress in 1968, the Center is a nonpartisan institution headquartered in Washington, D.C., and sup- ported by both public and private funds. Jane Harman, President, CEO and Director Board of Trustees: Joseph B. Gildenhorn, Chair; Sander R. Gerber, Vice Chair Public Members: Hon. James H. Billington, Librarian of Congress; Hillary R. Clinton, Secretary, U.S. Department of State; G. Wayne Clough, Secretary, Smithsonian Institution; Arne Duncan, Secretary, U.S. Department of Education; David Ferriero, Archivist of the United States; James Leach, Chairman, National Endowment for the Humanities; Kathleen Sebelius, Secretary, U.S. Department of Health and Human Services Private Citizen Members:Timothy Broas, John Casteen, Charles Cobb, Jr., Thelma Duggin, Carlos M. -
The Rise of Nationalism in Millennial Japan
W&M ScholarWorks Undergraduate Honors Theses Theses, Dissertations, & Master Projects 5-2010 Politics Shifts Right: The Rise of Nationalism in Millennial Japan Jordan Dickson College of William and Mary Follow this and additional works at: https://scholarworks.wm.edu/honorstheses Part of the Asian Studies Commons Recommended Citation Dickson, Jordan, "Politics Shifts Right: The Rise of Nationalism in Millennial Japan" (2010). Undergraduate Honors Theses. Paper 752. https://scholarworks.wm.edu/honorstheses/752 This Honors Thesis is brought to you for free and open access by the Theses, Dissertations, & Master Projects at W&M ScholarWorks. It has been accepted for inclusion in Undergraduate Honors Theses by an authorized administrator of W&M ScholarWorks. For more information, please contact [email protected]. Politics Shifts Right: The Rise of Nationalism in Millennial Japan A thesis submitted in partial fulfillment of the requirement for the degree of Bachelors of Arts in Global Studies from The College of William and Mary by Jordan Dickson Accepted for High Honors Professor Rachel DiNitto, Director Professor Hiroshi Kitamura Professor Eric Han 1 Introduction In the 1990s, Japan experienced a series of devastating internal political, economic and social problems that changed the landscape irrevocably. A sense of national panic and crisis was ignited in 1995 when Japan experienced the Great Hanshin earthquake and the Aum Shinrikyō attack, the notorious sarin gas attack in the Tokyo subway. These disasters came on the heels of economic collapse, and the nation seemed to be falling into a downward spiral. The Japanese lamented the decline of traditional values, social hegemony, political awareness and engagement. -
Constitutional Reform in Japan
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2019 Constitutional Reform in Japan Nobuhisa Ishizuka Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Constitutional Law Commons, and the Law and Politics Commons Recommended Citation Nobuhisa Ishizuka, Constitutional Reform in Japan, 33 COLUM. J. ASIAN L. 5 (2019). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2714 This Article is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. 2019] CONSTITUTIONAL REFORM IN JAPAN 5 CONSTITUTIONAL REFORM IN JAPAN Nobuhisa Ishizukm INTRODUCTION Over seventy years ago it would have seemed inconceivable in the aftermath of a calamitous war that a complete reorientation of Japan into a pacifist society, modeled on Western principles of individual rights and democracy, would succeed in upending a deeply entrenched political order with roots dating back centuries.2 The post-war Japanese constitution lies at the heart of this transformation. Drafted, negotiated and promulgated a mere fourteen months after Japan's formal surrender, 3 it has remained a model of stability amidst transformational changes in the domestic and international political landscape. 4 In the seventy-plus years since its adoption, it has not been amended once.s 1 Executive Director, Center for Japanese Legal Studies, and Lecturer in Law, Columbia Law School. The author would like to acknowledge the research assistance of Nicole Frey, Columbia Law School LL.M. -
UNIVERSITY of HAWNI Llbrarv
._----- UNIVERSITY OF HAWNI LlBRARV GLOBALIZATION WITHOUT CONVERGENCE: AN ANALYSIS OF THE HARMONIZATION OF INTELLECTUAL PROPERTY LAWS ACROSS THREE DIFFERENT LEGAL REGIMES A DISSERTATION SUBMITTED TO THE GRADUATE DIVISION OF THE UNIVERSITY OF HAWAI'I IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR THE DEGREE OF DOCTOR OF PHILOSOPHY IN INTERNATIONAL MANAGEMENT May 2008 By Benjamin A. Kudo Dissertation Committee: Olgierd N. Ordway, Chairperson Dharm Bhawuk Richard W. Brislin Kiyobiko Ito Patricia G. Steinhoff We certify that we have read this dissertation and that, in our opinion, it is satisfactory in scope and quality as a dissertation for the degree of Doctor of Philosophy in International Management. Dissertation Committee ~ .. :/~a~ Chairperson ~ ~M4JY1l ~Lu.~ 4d2G J6r: ii ACKNOWLEDGMENT There are numerous individuals that I wish to express my deepest appreciation to for their assistance and support in this research. First of all, to those individuals who assisted in facilitating and obtaining appointments with the various jurists in each respective country. These individuals are listed below by country. United States: Honorable Gerald H. Kibe Honorable Richard Talman Honorable Mario R. Ramil (retired) R. Brian Tsujimura, Esq. Japan: Gary M. Kobayashi, Esq. Donald H. Amano, Esq. Kenneth T. Okamoto, Esq. Republic of the Philippines: Perfecto R. Yasay, Jr., Esq. Glenn Nakamura Teodoro D. Regala, Esq. Cynthia V. Antonio I am also indebted to my Committee members for their support and critical recommendations and suggestions to keep me focused on my topic and produce a scholarly product. To all of them I am eternally grateful. Finally, I wish to acknowledge the support of my friends and family. -
Handbook on the Research Report on the Constitution of Japan
Handbook on the Research Report on the Constitution of Japan Research Commission on the Constitution House of Councillors JAPAN 2005 Office of the Research Commission on the Constitution House of Councillors House of Councillors East Annex 1-11-16 Nagata-cho, Chiyoda-ku Tokyo 100-0014, Japan Tel 81-3-5521-7684 Fax 81-3-5512-3925 Printed in Japan Foreword The Research Commission on the Constitution of the House of Councillors conducted a broad and comprehensive study on the Constitution of Japan since the Commission’s establishment on January 20th, 2000. The Commission compiled five years and three months’ worth of research results in the Research Report on the Constitution of Japan and submitted it to the President of the House of Councillors on April 20th, 2005. This handbook has been made to help you learn the essence of the Report. Research Commission on the Constitution House of Councillors National Diet of Japan CONTENTS Ⅰ Regarding the Research Commission on the Constitution 1 Ⅱ The Five Years After the Establishment of the Research Commission on the Constitution (from January 2000 to April 2005) 3 Ⅲ Major Issues Discussed in the Research Commission on the Constitution 7 1. Issues upon Which Common Understandings, Completely or Generally, Have Been Reached 8 [General Theory] (1) Three Major Principles (Popular Sovereignty, Respect for Fundamental Human Rights, and Pacifism) 8 “The importance of these three principles will never be changed.” (2) Roles That the Current Constitution Has Played 8 “The current Constitution has played significant roles in our lives.” [Popular Sovereignty] (3) Firm Maintenance and Further Development of Popular Sovereignty 9 “It is the people who have the final say over the issues concerning the state. -
Geography of Japan
Family (The Emperor’s Family) Ie (family) system • The Civil Code of Meiji, 1898 Ie (family) consists of the head of the household and other members who live in the same house, and registered in one registry (Koseki) • This system was abolished in the new constitution in 1947. The Traditional Family • Head of the household is the unquestioned boss • The wishes and desires of individual family members must be subordinated to the collective interest of family • The eldest son is the heir both to the family fortunes and to the responsibility of family (primogeniture) • Marriages often arranged by parents • Several generations of family members live together Responsibilities of the Head of the Household • Economic welfare of the family, duty to support the family • Administration of family property • Welfare of deceased ancestors, conducting proper ceremonies in their honor • Overseeing conduct and behavior of family members Joining the Family • By birth • By marriage • Adoption The Contemporary Family • Nuclear Family • Marriage: Miai & Ren-ai marriages • Husband and Wife Relationships • Divorce • Old Age Koseki: Family Registration System • Today’s koseki system: only two generations of family, husband and wife and children who share the same family name. • Jūminhyō: residence card • Ie (Kazoku) seido : institutionalized family system • 1898 Civil code • 1947 New Civil Code: Family system and the right of primogeniture were abolished. Equal rights for men and women Changing Status of Women The first female governor of Tokyo since August 2016. Japanese Women in the Modern History • 1868 Meiji Restoration • 1872 The Fundamental Code of Education requires four years of compulsory education for both boys and girls. -
The Birth of the Parliamentary Democracy in Japan: an Historical Approach
The Birth of the Parliamentary Democracy in Japan: An Historical Approach Csaba Gergely Tamás * I. Introduction II. State and Sovereignty in the Meiji Era 1. The Birth of Modern Japan: The First Written Constitution of 1889 2. Sovereignty in the Meiji Era 3. Separation of Powers under the Meiji Constitution III. The Role of Teikoku Gikai under the Meiji Constitution (明治憲法 Meiji Kenp ō), 1. Composition of the Teikoku Gikai ( 帝國議会) 2. Competences of the Teikoku Gikai IV. The Temporary Democracy in the 1920s 1. The Nearly 14 Years of the Cabinet System 2. Universal Manhood Suffrage: General Election Law of 1925 V. Constitutionalism in the Occupation Period and Afterwards 1. The Constitutional Process: SCAP Draft and Its Parliamentary Approval 2. Shōch ō ( 象徴) Emperor: A Mere Symbol? 3. Popular Sovereignty and the Separation of State Powers VI. Kokkai ( 国会) as the Highest Organ of State Power VII. Conclusions: Modern vs. Democratic Japan References I. INTRODUCTION Japanese constitutional legal history does not constitute a part of the obligatory legal curriculum in Hungary. There are limited numbers of researchers and references avail- able throughout the country. However, I am convinced that neither legal history nor comparative constitutional law could be properly interpreted without Japan and its unique legal system and culture. Regarding Hungarian-Japanese legal linkages, at this stage I have not found any evidence of a particular interconnection between the Japanese and Hungarian legal system, apart from the civil law tradition and the universal constitutional principles; I have not yet encountered the Hungarian “Lorenz von Stein” or “Hermann Roesler”. * This study was generously sponsored by the Japan Foundation Short-Term Fellowship Program, July-August, 2011. -
Chapter 1. Meiji Revolution: Start of Full-Scale Modernization
Seven Chapters on Japanese Modernization Chapter 1. Meiji Revolution: Start of Full-Scale Modernization Contents Section 1: Significance of Meiji Revolution Section 2: Legacies of the Edo Period Section 3: From the Opening of Japan to the Downfall of Bakufu, the Tokugawa Government Section 4: New Meiji Government Section 5: Iwakura Mission, Political Crisis of 1873 and the Civil War Section 6: Liberal Democratic Movement and the Constitution Section 7: End of the Meiji Revolution It’s a great pleasure to be with you and speak about Japan’s modernization. Japan was the first country and still is one of the very few countries that have modernized from a non-Western background to establish a free, democratic, prosperous, and peace- loving nation based on the rule of law, without losing much of its tradition and identity. I firmly believe that there are quite a few aspects of Japan’s experience that can be shared with developing countries today. Section 1: Significance of Meiji Revolution In January 1868, in the palace in Kyoto, it was declared that the Tokugawa Shogunate was over, and a new government was established under Emperor, based on the ancient system. This was why this political change was called as the Meiji Restoration. The downfall of a government that lasted more than 260 years was a tremendous upheaval, indeed. It also brought an end to the epoch of rule by “samurai,” “bushi” or Japanese traditional warriors that began as early as in the 12th century and lasted for about 700 years. Note: This lecture transcript is subject to copyright protection. -
Japan╎s Constitution and U.N. Obligations in the Persian Gulf War
Cornell International Law Journal Volume 25 Article 5 Issue 2 Spring 1992 Japan’s Constitution and U.N. Obligations in the Persian Gulf War: A Case for Non-Military Participation in U.N. Enforcement Actions Robert B. Funk Follow this and additional works at: http://scholarship.law.cornell.edu/cilj Part of the Law Commons Recommended Citation Funk, Robert B. (1992) "Japan’s Constitution and U.N. Obligations in the Persian Gulf War: A Case for Non-Military Participation in U.N. Enforcement Actions," Cornell International Law Journal: Vol. 25: Iss. 2, Article 5. Available at: http://scholarship.law.cornell.edu/cilj/vol25/iss2/5 This Note is brought to you for free and open access by Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell International Law Journal by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. Japan's Constitution and U.N. Obligations in the Persian Gulf War: A Case for Non-Military Participation in U.N. Enforcement Actions Introduction Throughout its post-war history, Japan has walked a legal tightrope between seemingly contradictory obligations imposed by its constitution and the Charter of the United Nations. This tension came to a head in 1990 when Japan agonized over the question of sending military troops to join U.N. forces in the Persian Gulf War. Despite an apparent conflict between domestic and international law, the ultimate course taken by Japan, contributing non-military assistance to the U.N. coalition,1 suc- cessfully complied with legal obligations contained both in Japan's con- stitution and in the U.N. -
The Legalization of Hinomaru and Kimigayo As Japan's National Flag
The legalization of Hinomaru and Kimigayo as Japan's national flag and anthem and its connections to the political campaign of "healthy nationalism and internationalism" Marit Bruaset Institutt for østeuropeiske og orientalske studier, Universitetet i Oslo Vår 2003 Introduction The main focus of this thesis is the legalization of Hinomaru and Kimigayo as the national flag and anthem of Japan in 1999 and its connections to what seems to be an atypical Japanese form of postwar nationalism. In the 1980s a campaign headed by among others Prime Minister Nakasone was promoted to increase the pride of the Japanese in their nation and to achieve a “transformation of national consciousness”.1 Its supporters tended to use the term “healthy nationalism and internationalism”. When discussing the legalization of Hinomaru and Kimigayo as the national flag and anthem of Japan, it is necessary to look into the nationalism that became evident in the 1980s and see to what extent the legalization is connected with it. Furthermore we must discuss whether the legalization would have been possible without the emergence of so- called “healthy nationalism and internationalism”. Thus it is first necessary to discuss and try to clarify the confusing terms of “healthy nationalism and patriotism”. Secondly, we must look into why and how the so-called “healthy nationalism and internationalism” occurred and address the question of why its occurrence was controversial. The field of education seems to be the area of Japanese society where the controversy regarding its occurrence was strongest. The Ministry of Education, Monbushō, and the Japan Teachers' Union, Nihon Kyōshokuin Kumiai (hereafter Nikkyōso), were the main opponents struggling over the issue of Hinomaru, and especially Kimigayo, due to its lyrics praising the emperor.