The Quest For Japan S New Constitution

Author : Christian G. Winkler
Publisher : Routledge
Page : 234 pages
File Size : 54,7 Mb
Release : 2012-08-21
Category : Political Science
ISBN : 9781136893230

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The Quest for Japan's New Constitution by Christian G. Winkler Pdf

This book examines the many attempts over the last three decades to revise Japan’s constitution. As the book shows, these attempts at revision have been relatively conservative, aiming to embed in the constitution visions of a different future for Japan. Specific reforms advocated include: enabling Japan to have a more proactive foreign policy, more independent of the US-Japan alliance; strengthening the role of the Emperor, and excluding female succession to the throne; and emphasising more citizens’ duties, rather than their rights, in order to strengthen community and societal cohesion. By far the most comprehensive analysis of constitutional reform debate in Japan to be published to date, it offers translations and analysis of more than two dozen amendment proposals. The book provides a comprehensive analysis of the details of the reform proposals, charts the so far unsuccessful attempts to bring about the reforms, discusses the different groups arguing for reform, and assesses the nature of the proposed reforms. It categorises different versions of the vision for Japan’s future and shows that only a few campaigners are advocating anything like a return to Japan’s pre-war constitution.

Author : Kyoko Inoue
Publisher : University of Chicago Press
Page : 404 pages
File Size : 53,9 Mb
Release : 1991-02
Category : History
ISBN : 0226383911

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MacArthur's Japanese Constitution by Kyoko Inoue Pdf

The Japanese constitution as revised by General MacArthur in 1946, while generally regarded to be an outstanding basis for a liberal democracy, is at the same time widely considered to be—in its Japanese form—an document which is alien and incompatible with Japanese culture. Using both linguistics and historical data, Kyoto Inoue argues that despite the inclusion of alien concepts and ideas, this constitution is nonetheless fundamentally a Japanese document that can stand on its own. "This is an important book. . . . This is the most significant work on postwar Japanese constitutional history to appear in the West. It is highly instructive about the century-long process of cultural conflict in the evolution of government and society in modern Japan."—Thomas W. Burkman, Monumenta Nipponica

Author : Koseki Shoichi,Ray A Moore
Publisher : Westview Press
Page : 288 pages
File Size : 55,9 Mb
Release : 1998-03-20
Category : History
ISBN : 0813334950

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The Birth Of Japan's Postwar Constitution by Koseki Shoichi,Ray A Moore Pdf

This 1989 Yoshino Sakuzo prize-winning book is essential reading for understanding Japan's postwar constitution, political and social history, and foreign policy. The most complete English account of the origins of Japan's constitution, it analyzes the dramatic events of 1945–1946 that lead to the birth of Japan's new constitution. Koseki Shoichi challenges the 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 MacArthur's actions, the Ashida amendment of Article 9, Yoshida's 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 Commission's influence on MacArthur's policies and on the shaping of the basic principles of Japan's antiwar constitution.

Author : Dale M. Hellegers
Publisher : Stanford University Press
Page : 440 pages
File Size : 48,5 Mb
Release : 2001
Category : History
ISBN : 0804780323

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We, the Japanese People by Dale M. Hellegers Pdf

This is the definitive story of how the United States attempted to turn Japan into a democratic and peace-loving nation by drafting a new constitution for its former enemy--and then pretending that the Japanese had written it. Based on scores of interviews with participants in the process, as well as exhaustive research in Japanese and American records, the book explores in vivid detail the thinking and intentions behind the drafting of the constitution. Confusion and strife marked planning for the democratization of Japan, first in Washington, then in occupied Tokyo. Policy makers in the State, War, and Navy departments, the Joint Chiefs, and the White House contended bitterly over how to devise an "unconditional surrender" that would minimize Allied casualties while according the victor supreme authority over a soundly defeated Japan. By war's end, there were still no firm guidelines on a host of crucial issues, including how the Japanese system of government could be made acceptably democratic. The first months of occupation were chaotic, with General MacArthur organizing his staff around loyal followers and edging out experts sent from Washington. Hampered by a narrow interpretation of the terms of surrender and wishful thinking about Japanese compliance with American expectations, MacArthur set in motion a fiasco. Because of a translator's error, Prince Konoye, three-time Prime Minister of Japan, thought MacArthur had entrusted him with revising the Japanese constitution and assembled a staff of constitutional law experts and set to work. However, conservatives in the Japanese cabinet denounced his efforts and produced their own version, which MacArthur found unacceptable. MacArthur then secretly instructed his staff, with its very limited knowledge of either Japan or constitutional law, to draft a new Japanese constitution, which amazingly they did in a week's time. Expecting approval of its own draft, the Japanese cabinet was stunned when presented with a completely different American document. So unrelenting was the pressure exerted by MacArthur's officers that it was clear to members of the cabinet they had no choice but to adopt the American draft more or less intact, and publish it as their own. Because of the broad range of its meticulous research, the book will be a standard reference not only for students of Japanese history but also for legal scholars, diplomatic historians, and political scientists.

Author : Ray A. Moore,Donald L. Robinson
Publisher : Oxford University Press, USA
Page : 436 pages
File Size : 52,8 Mb
Release : 2004
Category : Business & Economics
ISBN : 0195171764

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Partners for Democracy by Ray A. Moore,Donald L. Robinson Pdf

In 1945 Emperor Hirohito signed Japan's unconditional surrender to the United States and its allies. Tackling a timely subject this work takes the controversial stand that the constitution of Japan was not imposed as a document of defeat.

Author : Kazuhiro Takii
Publisher : Unknown
Page : 224 pages
File Size : 53,5 Mb
Release : 2007
Category : Law
ISBN : STANFORD:36105127143100

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The Meiji Constitution by Kazuhiro Takii Pdf

"This book is a detailed examination of the intellectual and cultural history that gave birth to Japan's Meiji Constitution at the end of the nineteenth century. In this book, the author employs a cross-cultural perspective to analyze how modern Western ideas of constitutional government were assimilated and adapted by the newly established Meiji state. Japan's leaders had witnessed the piecemeal devouring of Qing-dynasty China by the Western powers, and were determined that Japan should not suffer the same fate. they staked the future of their nation on a concerted effort to understand the political and legal structures that appeared to be the source of the strength and dynamism of Western civilization. The author relates how key leaders of Meiji Japan experienced the west through fact-finding missions and extended overseas travel and research and show how their international experience shaped the policies and character of the nation that they helped build. He looks beyond the constitution as a legal document and demonstrates how its architects used it and the supplementary laws and institutions supporting it to catalyze the emergence of a modern nation-state." -- BOOK JACKET.

Author : Helen Hardacre,Timothy S. George,Keigo Komamura,Franziska Seraphim
Publisher : Rowman & Littlefield
Page : 369 pages
File Size : 40,9 Mb
Release : 2021-06-01
Category : Political Science
ISBN : 9781793609052

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Japanese Constitutional Revisionism and Civic Activism by Helen Hardacre,Timothy S. George,Keigo Komamura,Franziska Seraphim Pdf

Since the adoption of the 1947 Constitution of Japan, the document has become a contested symbol of contrasting visions of Japan. Japanese Constitutional Revisionism and Civic Activism is a volume which examines the history of Japan’s constitutional debates, key legal decisions and interpretations, the history and variety of activism, and activists’ ties to party politics and to fellow activists overseas.

Author : Japan
Publisher : Good Press
Page : 22 pages
File Size : 53,7 Mb
Release : 2019-11-29
Category : Law
ISBN : EAN:4057664588739

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The Constitution of the Empire of Japan, 1889 by Japan Pdf

"The Constitution of the Empire of Japan, 1889" offers an in-depth exploration of the constitutional framework that governed Japan during the late 19th century. Authored by the nation of Japan itself, this document outlines the fundamental principles and structures of the Japanese government, reflecting the country's transition into a modern constitutional monarchy. Providing valuable insights into Japan's political and legal systems, this constitution is a significant historical artifact that sheds light on Japan's journey towards modernization and its aspirations as an emerging global power.

Author : George M. Beckmann
Publisher : Lawrence, U. of Kansas P
Page : 180 pages
File Size : 55,7 Mb
Release : 1957
Category : Political Science
ISBN : UOM:39015000703531

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The Making of the Meiji Constitution by George M. Beckmann Pdf

Author : Glenn D. Hook,Gavan McCormack
Publisher : Psychology Press
Page : 212 pages
File Size : 54,5 Mb
Release : 2001
Category : Law
ISBN : 9780415241007

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Japan's Contested Constitution by Glenn D. Hook,Gavan McCormack Pdf

"As the Constitutional Research Councils begin their deliberations, this timely book brings together for the first time, in English translation, four of the major proposals on constitutional reform. These are the proposals of the Yomiuri and Asahi newspaper groups, one of Japan's major publishing houses, Iwanami, and Ozawa Ichiro, president of the Liberal Party of Japan and a key player in Japanese politics. Hook and McCormack place these documents in their historical and contemporary context, providing a thorough analysis of their significance in the development of thought on the constitution." "Japan's Contested Constitution: Documents and Analysis presents extensive analysis of the evolution of constitutional government in Japan and examines differing interpretations of key clauses in the constitution. It is a resource for anyone with an interest in modern Japan, its politics, law and its international role."--BOOK JACKET.

Author : Colin Jones
Publisher : Unknown
Page : 0 pages
File Size : 51,6 Mb
Release : 2023-08-15
Category : HISTORY
ISBN : 9048562015

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The Annotated Constitution of Japan by Colin Jones Pdf

The Annotated Constitution of Japan: A Handbook for the first time makes the entirety of Japan's constitution accessible in English. The book consists of a historical and contextual overview of how the constitution came into being, followed by descriptions of each of its 103 articles; the meaning of the text, interpretive disputes, academic theories and leading cases arising under them. The book also points out the many subtle distinctions between the English version and the Japanese, some of which arose from the charter's unique provenance. With contributors representing a broad range of expertise in various areas of Japanese law, the book is written to appeal to academics, students and general readers alike. It is intended to be the first port of call for anyone needing to understand the fundamentals of Japanese constitutional law, whether from the perspective of Japanese studies, comparative law, or political science, but unable to access the text and related literature available in Japanese. Key reference documents in English and Japanese are included as appendices for ease of reference.

Author : Shigenori Matsui
Publisher : Hart Publishing
Page : 324 pages
File Size : 40,7 Mb
Release : 2011-01-01
Category : Law
ISBN : 1841137928

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The Constitution of Japan by Shigenori Matsui Pdf

Japan boasts the second largest economy in the world and almost two thousand years of history. Yet, its first modern constitution, the Meiji Constitution, was not enacted until comparatively recently (1889). Since then, following World War II, Japan adopted its current Constitution, the Japanese Constitution of 1946. This book is designed to explain the outline of Japan's Constitution, together with a number of its unique characteristics and to offer an historical background and context which help explain its significance. Major topics covered include the constitutional history of Japan, fundamental principles of the Constitution, the people and the Emperor, the Diet and legislative power, Cabinet and executive power, and the Judiciary and judicial power. Also discussed is the protection of fundamental human rights, individual rights - including freedom of expression,economic freedoms, and social rights - pacifism and national defence, and the constitutional amendment and reform. Although the Japanese Constitution was enacted under the strong influence of the United States Constitution, many of its features are very different. For instance the existence of an Emperor, the long dominance of a conservative party over the Government, the relatively strong power of government bureaucrats, the absence of a leadership role in the Prime Minister, the small role the judiciary play in solving constitutional disputes and the struggle over national defence. Written in an accessible style and comprehensive in content, the reader will find this account of the constitutional law of Japan both unique and stimulating.

Author : Niichirō Matsunami
Publisher : Unknown
Page : 577 pages
File Size : 42,6 Mb
Release : 1940
Category : Constitutional law
ISBN : LCCN:52050001

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The Japanese Constitution and Politics by Niichirō Matsunami Pdf

Author : Sigrid Willibald
Publisher : GRIN Verlag
Page : 148 pages
File Size : 49,6 Mb
Release : 2006-08-01
Category : Political Science
ISBN : 9783638529112

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Japan's (UN)certain future? Permanent membership on the United Nations Security Council - A Delphi Study by Sigrid Willibald Pdf

Diploma Thesis from the year 2004 in the subject Politics - International Politics - Topic: International Organisations, grade: Distinction, University of Vienna, language: English, abstract: 1. Introduction “We, the Japanese people, [...] desire to occupy an honored place in an international society striving for the preservation of peace, and the banishment of tyranny and slavery, oppression and intolerance for all time from the earth. [...] We [...] pledge our national honor to accomplish these high ideals and purposes with all our resources.” (cit. in Hook et al. 2001:466) This excerpt from the Preamble to Japan’s Constitution that came into effect from 3. May 1947 clearly reflects Japan’s desire to regain a respectable position within the international arena. Defeated in battle and under allied occupation, it seemed as if Japan “would never again be able to play a major role on the world stage” (Linhart 1996:404). More than half a century later, circumstances have changed dramatically: not only has Japan recovered from its wartime devastation, it has also become a major economic power and risen to the status of key international player. Has Japan, in that sense, attained its goal and acquired an “honored place” in international society, as is stated in the Preamble to its Constitution? There are several means by which to assess Japan’s place on an international stage. With regard to the above question, however, the United Nations Security Council lends itself to being a foremost measure. This can be ascribed to three rationales: firstly, the Security Council can be argued as epitomising what might indeed be called an “honored place” in international society. Not only is a permanent Security Council seat highly elitist, it is also a “scarce international resource” (Hurd, cit. in Drifte 2000:95) that enhances a country’s prestige and confers it immense status. Secondly, the Security Council is endowed with the “primary responsibility for the maintenance of international peace and security” (UN Charter, Art. 24); a function, that reveals remarkable parallels with the introductory quote which refers to an “international society striving for the preservation of peace”. Thirdly, it is overtly known, at least since the early 1990s, that Japan is pursuing permanent membership and that it has certainly tried to accomplish this “high ideal”, if not openly (“with all its resources”), then at least indirectly, from as early as the late 1960s onwards. (Drifte 2000:50)

Author : Carl F. Goodman
Publisher : Kluwer Law International B.V.
Page : 538 pages
File Size : 52,8 Mb
Release : 2017-04-01
Category : Law
ISBN : 9789041186751

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The Rule of Law in Japan by Carl F. Goodman Pdf

Practitioners who deal with Japanese law have put great store by earlier editions of this major work, which systematically compares United States (US) law and Japanese law across all the major fields of legal practice. This fourth revised edition updates the work with the continuing dramatic changes in Japan’s legal system, including changes in criminal trials, disclosures to defense counsel of evidence to be used by the prosecution, the increasing use of recordings of interrogation sessions, and the impact of the indigenous movement for judicial reform. All chapters have been updated. In the fourth revised edition, which follows the same comparative structure as formerly, author Carl Goodman ̄ an internationally known authority with extensive experience in international practice, university teaching in both Japan and the US, and US government service — takes expert stock of new developments, including the following: • the Cabinet’s Declaration reinterpreting the Renunciation of War Clause in the Constitution and legislation following such reinterpretation; • interpretation of new rules for international jurisdiction of Japanese courts, including the new law’s effect on mirror image lawsuits filed in Japan; • the Supreme Court’s rulings dealing with the presumption of paternity, the waiting period for remarriage after divorce, and inheritance rights of “out of wedlock children”; • international and domestic Japanese child custody; • unanticipated consequences of criminal trials before the new mixed lay/professional panels; • debate concerning the Emperor’s announcement of his desired abdication; and • an update of Japan’s experiment with new graduate legal faculties. Although the alteration of the legal landscape in Japan is highly visible, the author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that “what you see may not be what you get”. For this reason, and for its comprehensive coverage, this new edition is sure to gain new adherents as the best-informed practical guide for non-Japanese lawyers with dealings in Japan.