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Japanese Constitutional Law
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Book Synopsis MacArthur's Japanese Constitution by : Kyoko Inoue
Download or read book MacArthur's Japanese Constitution written by Kyoko Inoue and published by University of Chicago Press. This book was released on 1991-02 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Book Synopsis The Spirit of Japanese Law by : John Owen Haley
Download or read book The Spirit of Japanese Law written by John Owen Haley and published by University of Georgia Press. This book was released on 2006 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Spirit of Japanese Law focuses on the century following the Meiji Constitution, Japan's initial reception of continental European law. As John Owen Haley traces the features of contemporary Japanese law and its principal actors, distinctive patterns emerge. Of these none is more ubiquitous than what he refers to as the law's "communitarian orientation." While most westerners may view judges as Japanese law's least significant actors, Haley argues that they have the last word because their interpretations of constitution and codes define the authority and powers they and others hold. Based on a "sense of society," the judiciary confirms bonds of village, family, and firm, and "abuse of rights" and "good faith" similarly affirms community. The Spirit of Japanese Law concludes with constitutional cases that help explain the endurance of community in contemporary Japan.
Book Synopsis The Constitution of the Empire of Japan by : Japan
Download or read book The Constitution of the Empire of Japan written by Japan and published by . This book was released on 1889 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Lectures on Japanese Law from a Comparative Perspective by : Luis Pedriza
Download or read book Lectures on Japanese Law from a Comparative Perspective written by Luis Pedriza and published by 大阪大学出版会. This book was released on 2017-10 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: 外国人研究者の視点から、日本法の歴史的形成・発展や現代法の構造や制度を英語で解説。外国人学習者・研究者に最適なテキスト。
Book Synopsis The Oxford Handbook of Japanese Politics by : Robert J. Pekkanen
Download or read book The Oxford Handbook of Japanese Politics written by Robert J. Pekkanen and published by Oxford University Press. This book was released on 2021-10-25 with total page 1001 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Book Abstract and Keywords: The study of Japanese politics has flourished over the past several decades. This Handbook provides a state-of-the-field overview for students and researchers of Japanese. The volume also serves to introduce Japanese politics to readers less familiar with Japan. In addition, the volume has a theme of "evaluating Japan's democracy." Taken as a whole, the volume provides a positive evaluation of the state of Japan's democracy. The volume is divided into two parts, roughly corresponding to domestic Japanese politics and Japan's international politics. Within the domestic politics part, there are four distinct sections: "Domestic Political Actors and Institutions," covering the Japanese Constitution, electoral systems, prime minister, Diet, bureaucracy, judiciary, and local government; "Political Parties and Coalitions," covering the Liberal Democratic Party, coalition government, Kōmeitō, and the political opposition; "Policymaking and the Public," covering the policymaking process, public opinion, civil society, and populism; and, "Political Economy and Social Policy," covering industrial, energy, social welfare, agricultural, monetary, and immigration policies, as well as social inequality. In the international relations part, there are four sections: "International Relations Frameworks," covering grand strategy, international organizations, and international status; "International Political Economy," covering trade, finance, foreign direct investment, the environment, economic regionalism, and the linkage between security and economics; "International Security," covering remilitarization, global and regional security multilateralism, nuclear nonproliferation, naval power, space security, and cybersecurity; and, "Foreign Relations" covering Japan's relations with the United States, China, South Korea, ASEAN, India, the European Union, and Russia. Keywords: international relations, comparative politics, democracy, international order, alliances, space security, elections, Liberal Democratic Party, multilateralism, remilitarization, international organizations, populism, civil society, coalitions, political parties, trade, finance monetary policy, foreign direct investment, cybersecurity"--
Book Synopsis The Quest for Japan's New Constitution by : Christian G. Winkler
Download or read book The Quest for Japan's New Constitution written by Christian G. Winkler and published by Routledge. This book was released on 2012-08-21 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis We, the Japanese People by : Dale M. Hellegers
Download or read book We, the Japanese People written by Dale M. Hellegers and published by Stanford University Press. This book was released on 2001 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Constitutional Comparison by : François Venter
Download or read book Constitutional Comparison written by François Venter and published by BRILL. This book was released on 2021-07-26 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: In our globalized era it has become impossible to deal effectively with constitutional law and related subjects such as fundamental rights, administrative law and political science without knowledge of foreign systems. A wealth of literature is available on practically all constitutional systems and the intricacies of their application. This, however, presents the constitutionalist with a formidable problem: Which foreign systems should I explore in order to make relevant comparisons, and how should I go about it? This book addresses the core problems of comparability and appropriate comparative methodology in the realm of contemporary constitutionalism. The outcome is, however, not mere theorizing. Most of the text is devoted to an incisive application of the chosen comparative method to four geographically, historically, and culturally divergent, but thoroughly comparable, constitutional systems. In the course of the comparative exercise, contemporary constitutional dogma and constitutional mechanics are analyzed and explained, in many instances in their historical contexts, making the book itself a useful source of comparative and historical information.
Book Synopsis The Constitutional Case Law of Japan by : Hiroshi Itoh
Download or read book The Constitutional Case Law of Japan written by Hiroshi Itoh and published by University of Washington Press. This book was released on 2016-06-01 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitutional Case Law of Japan, 1970 through 1990, contains translations of 47 Japanese judicial decisions, selected after consultation with leading Japanese constitutional lawyers and judges. Landmark decisions, cases considered legally, socially, or politically importatn, and cases of special interest to the foreign scholar are included. Major areas covered are the renunciation of war, equality of rights, economic freedoms, rights related to the quality of life, rights of participation in election politics, procedural rights, and rights and freedoms of the spirit. A substantial introduction gives an overview of Japan’s constutionalism since 1945, and concisely explains the constitutional system and the courts and their roles. Brief summaries of the cases translated and cases not translated are provided.
Book Synopsis Courts, Politics and Constitutional Law by : Martin Belov
Download or read book Courts, Politics and Constitutional Law written by Martin Belov and published by Routledge. This book was released on 2019-10-16 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.
Book Synopsis Japanese Constitutional Revisionism and Civic Activism by : Helen Hardacre
Download or read book Japanese Constitutional Revisionism and Civic Activism written by Helen Hardacre and published by Rowman & Littlefield. This book was released on 2021-06-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Transcending Law by : Kenneth L. Port
Download or read book Transcending Law written by Kenneth L. Port and published by . This book was released on 2010 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 9 of the Japanese Constitution has engendered scholarship in Japanese and English as well as in other languages. It turns out that there are two versions of Article 9: the English version that purports to prevent Japan from rearming and insists on Japanese pacifism, and the Japanese version that is less absolute and imprecise. Japan has the fourth largest military in the world by dollars spent. This is called the "great contradiction." For the first time, Professor Port resolves this recurrent debate by explaining that there are simply two versions of Article 9. Many parties, entities, and even individuals have joined this debate to give their interpretation, and there are at least two diametrically opposed interpretations. On the one hand, the long-time ruling Liberal Democratic Party interprets Article 9 very narrowly to say that Japan can do anything it wants as long as it is for the defense of the Japanese people. On the other hand, the Communist Party of Japan and many private people argue that Article 9 mandates complete Japanese pacifism and Japan should not possess a military for any purpose whatsoever. In Transcending Law, Professor Port points out that the only entity that has remained on the sidelines during this 60 year debate has been the Supreme Court of Japan, although it is the one body that has the authority to interpret the Constitution. Thoroughly and objectively, Port explains all viewpoints of this complicated topic. As Japan moves toward revising its Constitution, Port argues it is now time for the Supreme Court to be heard. "Port argues that Japanese traditions and politics, have combined with foreign pressures to produce a war machine despite the constitutional commitment to 'forever renounce war.' It is compelling reading for a war plagued world." -- Howard Anawalt, Professor Emeritus, Santa Clara University Law School
Book Synopsis Japanese Law in Context by : Curtis J. Milhaupt
Download or read book Japanese Law in Context written by Curtis J. Milhaupt and published by BRILL. This book was released on 2020-03-23 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a wide-ranging selection of 130 readings in Japanese law. The essays, extracted from previously published books and articles, cover subjects including historical context, the civil law tradition, the legal services industry, dispute resolution, constitutional law, contracts, torts, criminal law, family law, employment law, corporate law, and economic regulation. This unique collection of readings is accompanied by the texts of the Japanese constitution and other basic laws.
Book Synopsis The Constitution of Japan by : Shigenori Matsui
Download or read book The Constitution of Japan written by Shigenori Matsui and published by Bloomsbury Publishing. This book was released on 2010-11-30 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Japanese Legal System by : Colin Jones
Download or read book The Japanese Legal System written by Colin Jones and published by . This book was released on 2018-10-15 with total page 479 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Japanese Legal System by Professors Colin P.A. Jones and Frank S. Ravitch provides the most comprehensive and up-to-date overview of Japan's system of law and government available in English. Focusing on practical aspects of the subject, it covers the law-making process, constitutional theory and reality, the civil, criminal and administrative justice systems, the environment of business law and regulation and the Japanese legal professions. Importantly, it also provides a context for understanding the Japanese legal system in readily comprehensible terms, including historical background and the different (compared to the United States and other common law systems) role and organization of the courts as part of an overall system of government.
Book Synopsis Constitutional Courts in Asia by : Hongyi Chen
Download or read book Constitutional Courts in Asia written by Hongyi Chen and published by Cambridge University Press. This book was released on 2018-09-20 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
Book Synopsis The Rule of Law in Japan by : Carl F. Goodman
Download or read book The Rule of Law in Japan written by Carl F. Goodman and published by Kluwer Law International B.V.. This book was released on 2017-04-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
