Washington International Law Journal Volume 26 Number 1 Special Issue on the Japanese Constitution 1-1-2017 Article 9 in the Post-Sunakawa World: Continuity and Deterrence Within a Transforming Global Context John O. Haley University of Washington School of Law Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Comparative and Foreign Law Commons, and the Military, War, and Peace Commons Recommended Citation John O. Haley, Article 9 in the Post-Sunakawa World: Continuity and Deterrence Within a Transforming Global Context, 26 Wash. L. Rev. 1 (2017). Available at: https://digitalcommons.law.uw.edu/wilj/vol26/iss1/3 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington International Law Journal by an authorized editor of UW Law Digital Commons. For more information, please contact
[email protected]. Compilation © 2016 Washington International Law Journal Association ARTICLE 9 IN THE POST-SUNAKAWA WORLD: CONTINUITY AND DETERRENCE WITHIN A TRANSFORMING GLOBAL CONTEXT John O. Haley∗ Abstract: The 1959 Supreme Court Grand Bench (en banc) decision in Sakata v. Japan1 (the Sunakawa case) was the first Supreme Court decision on Article 9 and the constitutionality of Japan's defense policies. In the precedent-setting decision, all fifteen justices endorsed the view that under Article 9 Japan retained a fundamental right of self-defense and could enter into treaties for mutual security. In the absence of an apparent or "clear" violation, the courts, Sunakawa held, must defer to the judgment of the political branches on the issue of constitutionality.