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Japan's Constitution, Prospects for Change

Japan's Constitution, Prospects for Change
Author: Stephen E. Duke
Publisher:
Total Pages: 108
Release: 2001-06-01
Genre:
ISBN: 9781423528586

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Constitutional research committees in both the upper and lower houses of the Japanese Diet have begun discussing Article 9 of Japan's constitution. Japan traditionally has interpreted this article as prohibiting collective defense, including joint military operations with U.S. forces and collective security activities like UN peacekeeping operations. These discussions respond to changes in the security environment surrounding Japan, where collective self- defense is becoming increasingly vital. This thesis suggests that it is not a matter of if but when Japan will revise or reinterpret its constitution to authorize Japanese forces to participate in collective defense. To support this argument, it analyzes the evolutionary process Japan has pursued since the end of the Cold War to become a "normal" country. For Japan to become a "normal" country, it must implement significant economic and political reform. Based on this requirement this thesis evaluates the prospects for change by analyzing the internal and external forces driving Japan to revise its constitution. It then discusses various approaches and policy options Japan may pursue. It evaluates the most probable approach Japan may take and the impact such an approach may have on U.S. force structure in Japan. Finally, this thesis presents the U.S. debate over forward basing versus forward presence to assess the approach the United States should take toward force structure in Japan. This thesis argues in favor of Japan becoming an equal partner in the U.S.-Japan alliance. It concludes with recommendations on how the United States should respond and suggests several approaches the United States should take toward Japan, arguing that it is in both the United States' and Japan's interest for it to assume an equitable burden sharing role in the U.S.-Japan relationship.


Rethinking Japan

Rethinking Japan
Author: Arthur Stockwin
Publisher: Lexington Books
Total Pages: 313
Release: 2017-02-15
Genre: Political Science
ISBN: 1498537936

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The authors argue that with the election of the Abe Government in December 2012, Japanese politics has entered a radically new phase they describe as the “2012 Political System.” The system began with the return to power of the Liberal Democratic Party (LDP), after three years in opposition, but in a much stronger electoral position than previous LDP-based administrations in earlier decades. Moreover, with the decline of previously endemic intra-party factionalism, the LDP has united around an essentially nationalist agenda never absent from the party’s ranks, but in the past was generally blocked, or modified, by factions of more liberal persuasion. Opposition weakness following the severe defeat of the Democratic Party of Japan (DPJ) administration in 2012 has also enabled the Abe Government to establish a political stability largely lacking since the 1990s. The first four chapters deal with Japanese political development since 1945 and factors leading to the emergence of Abe Shinzō as Prime Minister in 2012. Chapter 5 examines the Abe Government’s flagship economic policy, dubbed “Abenomics.” The authors then analyse four highly controversial objectives promoted by the Abe Government: revision of the 1947 ‘Peace Constitution’; the introduction of a Secrecy Law; historical revision, national identity and issues of war apology; and revised constitutional interpretation permitting collective defence. In the final three chapters they turn to foreign policy, first examining relations with China, Russia and the two Koreas, second Japan and the wider world, including public diplomacy, economic relations and overseas development aid, and finally, the vexed question of how far Japanese policies are as reactive to foreign pressure. In the Conclusion, the authors ask how far right wing trends in Japan exhibit common causality with shifts to the right in the United States, Europe and elsewhere. They argue that although in Japan immigration has been a relatively minor factor, economic stagnation, demographic decline, a sense of regional insecurity in the face of challenges from China and North Korea, and widening gaps in life chances, bear comparison with trends elsewhere. Nevertheless, they maintain that “[a] more sane regional future may be possible in East Asia.”


Japan Transformed

Japan Transformed
Author: Frances Rosenbluth
Publisher: Princeton University Press
Total Pages: 263
Release: 2010-04-12
Genre: Political Science
ISBN: 1400835097

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With little domestic fanfare and even less attention internationally, Japan has been reinventing itself since the 1990s, dramatically changing its political economy, from one managed by regulations to one with a neoliberal orientation. Rebuilding from the economic misfortunes of its recent past, the country retains a formidable economy and its political system is healthier than at any time in its history. Japan Transformed explores the historical, political, and economic forces that led to the country's recent evolution, and looks at the consequences for Japan's citizens and global neighbors. The book examines Japanese history, illustrating the country's multiple transformations over the centuries, and then focuses on the critical and inexorable advance of economic globalization. It describes how global economic integration and urbanization destabilized Japan's postwar policy coalition, undercut the ruling Liberal Democratic Party's ability to buy votes, and paved the way for new electoral rules that emphasized competing visions of the public good. In contrast to the previous system that pitted candidates from the same party against each other, the new rules tether policymaking to the vast swath of voters in the middle of the political spectrum. Regardless of ruling party, Japan's politics, economics, and foreign policy are on a neoliberal path. Japan Transformed combines broad context and comparative analysis to provide an accurate understanding of Japan's past, present, and future.


Japan’s Arduous Rejuvenation as a Global Power

Japan’s Arduous Rejuvenation as a Global Power
Author: Victor Teo
Publisher: Springer
Total Pages: 249
Release: 2019-04-08
Genre: History
ISBN: 9811361908

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This open access book assesses the profound impact of Japan’s aspirations to become a great power on Japanese security, democracy and foreign relations. Rather than viewing the process of normalization and rejuvenation as two decades of remilitarization in face of rapidly changing strategic environment and domestic political circumstances, this volume contextualizes Japan’s contemporary international relations against the longer grain of Japanese historical interactions. It demonstrates that policies and statecraft in the Prime Minister Shinzo Abe’s era are a continuation of a long, unbroken and arduous effort by successive generations of leaders to preserve Japanese autonomy, enhance security and advance Japanese national interests. Arguing against the notion that Japan cannot work with China as long as the US-Japan alliance is in place, the book suggests that Tokyo could forge constructive relations with Beijing by engaging China in joint projects in and outside of the Asia-Pacific in issue areas such as infrastructure development or in the provision of international public goods. It also submits that an improvement in Japan-China relations would enhance rather than detract Japan-US relations and that Tokyo will find that her new found autonomy in the US-Japan alliance would not only accord her more political respect and strategic latitude, but also allow her to ameliorate the excesses of American foreign policy adventurism, paving for her to become a truly normal great power.


Law in Japan

Law in Japan
Author: Daniel H. Foote
Publisher: University of Washington Press
Total Pages: 704
Release: 2011-10-17
Genre: Social Science
ISBN: 0295801352

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This volume explores major developments in Japanese law over the latter half of the twentieth century and looks ahead to the future. Modeled on the classic work Law in Japan: The Legal Order in a Changing Society (1963), edited by Arthur Taylor von Mehren, it features the work of thirty-five leading legal experts on most of the major fields of Japanese law, with special attention to the increasingly important areas of environmental law, health law, intellectual property, and insolvency. The contributors adopt a variety of theoretical approaches, including legal, economic, historical, and socio-legal. As Law and Japan: A Turning Point is the only volume to take inventory of the key areas of Japanese law and their development since the 1960s, it will be an important reference tool and starting point for research on the Japanese legal system. Topics addressed include the legal system (with chapters on legal history, the legal profession, the judiciary, the legislative and political process, and legal education); the individual and the state (with chapters on constitutional law, administrative law, criminal justice, environmental law, and health law); and the economy (with chapters on corporate law, contracts, labor and employment law, antimonopoly law, intellectual property, taxation, and insolvency). Japanese law is in the midst of a watershed period. This book captures the major trends by presenting views on important changes in the field and identifying catalysts for change in the twenty-first century.


Japan

Japan
Author: Frank Baldwin
Publisher: NYU Press
Total Pages: 360
Release: 2015-12-15
Genre: Business & Economics
ISBN: 1479889385

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"A joint publication of the Social Science Research Council and New York University Press."


Japan’s World Power

Japan’s World Power
Author: Guibourg Delamotte
Publisher: Routledge
Total Pages: 329
Release: 2017-11-20
Genre: Political Science
ISBN: 1351866699

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Since the end of the 1960s, Japan’s power in the world has largely been linked to its economic successes, while it has pursued a decidedly pacifist post-war foreign policy. Recently, however, there has been talk of Constitutional reform, especially since the new security legislation of 2016. Coupled with the conservative tilt of the two Houses, there is evidence to suggest that Japan’s approach to exercising its power could be changing. Japan’s World Power therefore seeks to examine the nature of Japan’s power today, showing how the country’s influence on the global stage appears to be shifting from economic and financial, to more political and military. Featuring a team of Japanese international relations experts, each chapter analyses the different facets of Japanese power, evaluating both its current status and the challenges which lie ahead. Ultimately, however, this book demonstrates that despite recent developments and changes, the way in which Japan exercises its power remains decidedly different from other major powers as it continues to be guided by its pacifist identity. Providing a multi-faceted assessment of Japan’s power, as well as its weaknesses, this book will be useful to students and scholars of Japanese Politics, Asian Foreign Policy and Asian Politics in general.


The Endurance of National Constitutions

The Endurance of National Constitutions
Author: Zachary Elkins
Publisher: Cambridge University Press
Total Pages: 271
Release: 2009-10-12
Genre: Law
ISBN: 1139479741

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Constitutions are supposed to provide an enduring structure for politics. Yet only half live more than nine years. Why is it that some constitutions endure while others do not? In The Endurance of National Constitutions Zachary Elkins, Tom Ginsburg and James Melton examine the causes of constitutional endurance from an institutional perspective. Supported by an original set of cross-national historical data, theirs is the first comprehensive study of constitutional mortality. They show that whereas constitutions are imperilled by social and political crises, certain aspects of a constitution's design can lower the risk of death substantially. Thus, to the extent that endurance is desirable - a question that the authors also subject to scrutiny - the decisions of founders take on added importance.


Nine Lives?

Nine Lives?
Author: James Patrick Boyd
Publisher: Policy Studies
Total Pages: 100
Release: 2005
Genre: Law
ISBN:

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Japan is a vibrant democracy, but its citizens have neither been given?nor have they taken?responsibility for authoring their own constitution. In 1889 the Emperor Meiji, supported by a group of oligarchs, bestowed an autocratic constitution upon his subjects. Then, in 1947, the U.S. occupation forces imposed a democratic constitution on the defeated citizens of postwar Japan. While this document has been the persistent object of intense debate, it has never been amended. But public opinion has shifted in favor of revision. Both the ruling Liberal Democratic Party (LDP) and the main opposition party, the Democratic Party of Japan (DPJ), are preparing constitutional drafts, and Japan is in the midst of one of the most consequential tests of its democratic institutions. Although the contemporary revision debate encompasses a number of weighty issues, including the role of the emperor and basic rights of citizens, one passage in particular continues to cast a shadow over the entire enterprise: Article Nine, the famous ?peace clause? renouncing the possession and use of force for settling international disputes. Long the primary target of revisionist fervor, Article Nine was at the center of the first serious revision debate in the 1950s and controversies arising from its application again helped to ignite the contemporary revision movement after the Gulf War in 1991.Seen variously as an impediment to national autonomy, national muscularity, and national honesty, Article Nine has been continuously reinterpreted as the domestic and international political landscapes have shifted. This study examines why Article Nine has survived without amendment for so long, why it has returned to the political agenda with such force in recent years, and how debate over its revision will affect Japanese domestic politics and foreign policy. This is the nineteenth publication in Policy Studies, a peer-reviewed East-West Center Washington series that presents scholarly analysis of key contemporary domestic and international political, economic, and strategic issues affecting Asia in a policy relevant manner.


Dilemmas of a Trading Nation

Dilemmas of a Trading Nation
Author: Mireya Solis
Publisher: Brookings Institution Press
Total Pages: 234
Release: 2017-08-01
Genre: Business & Economics
ISBN: 0815729200

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The balancing of competing interests and goals will have momentous consequences for Japan—and the United States—in their quest for economic growth, social harmony, and international clout. Japan and the United States face difficult choices in charting their paths ahead as trading nations. Tokyo has long aimed for greater decisiveness, which would allow it to move away from a fragmented policymaking system favoring the status quo in order to enable meaningful internal reforms and acquire a larger voice in trade negotiations. And Washington confronts an uphill battle in rebuilding a fraying domestic consensus in favor of internationalism essential to sustain its leadership role as a champion of free trade. In Dilemmas of a Trading Nation, Mireya Solís describes how accomplishing these tasks will require the skillful navigation of vexing tradeoffs that emerge from pursuing desirable, but to some extent contradictory goals: economic competitiveness, social legitimacy, and political viability. Trade policy has catapulted front and center to the national conversations taking place in each country about their desired future direction—economic renewal, a relaunched social compact, and projected international influence. Dilemmas of a Trading Nation underscores the global consequences of these defining trade dilemmas for Japan and the United States: decisiveness, reform, internationalism. At stake is the ability of these leading economies to upgrade international economic rules and create incentives for emerging economies to converge toward these higher standards. At play is the reaffirmation of a rules-based international order that has been a source of postwar stability, the deepening of a bilateral alliance at the core of America's diplomacy in Asia, and the ability to reassure friends and rivals of the staying power of the United States. In the execution of trade policy today, we are witnessing an international leadership test dominated by domestic governance dilemmas.