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Author: Kyoko Inoue
Publisher: University of Chicago Press
ISBN: 9780226383910
Category : History
Languages : en
Pages : 404
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Book Description
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: Kyoko Inoue
Publisher: University of Chicago Press
ISBN: 9780226383910
Category : History
Languages : en
Pages : 404
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Book Description
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: Japan
Publisher:
ISBN:
Category : Constitutions
Languages : en
Pages : 74
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Book Description
Author: John Owen Haley
Publisher: University of Georgia Press
ISBN: 0820328871
Category : Law
Languages : en
Pages : 277
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Book Description
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.
Author: Luis Pedriza
Publisher: 大阪大学出版会
ISBN: 9784872596052
Category : Constitutional law
Languages : ja
Pages : 296
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Book Description
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。
Author: Robert J. Pekkanen
Publisher: Oxford University Press
ISBN: 0190050993
Category : Political Science
Languages : en
Pages : 1001
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Book Description
"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"--
Author: Christian G. Winkler
Publisher: Routledge
ISBN: 1136893237
Category : Political Science
Languages : en
Pages : 234
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Book Description
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: François Venter
Publisher: BRILL
ISBN: 9004481400
Category : Law
Languages : en
Pages : 310
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Book Description
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.
Author: Hiroshi Itoh
Publisher: University of Washington Press
ISBN: 9780295803982
Category : Social Science
Languages : en
Pages : 310
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Book Description
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.
Author: Dale M. Hellegers
Publisher: Stanford University Press
ISBN: 9780804780322
Category : History
Languages : en
Pages : 440
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Book Description
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: Hongyi Chen
Publisher: Cambridge University Press
ISBN: 110719508X
Category : Law
Languages : en
Pages : 407
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Book Description
A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.
