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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.


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.


Making We the People

Making We the People
Author: Chae-hak Ham
Publisher: Cambridge University Press
Total Pages: 329
Release: 2015-12-10
Genre: Law
ISBN: 110701882X

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This book examines Japan and Korea's post-World War II constitutional history to challenge enduring assumptions about the nature of constitution-making.


Dilemmas of a Trading Nation

Dilemmas of a Trading Nation
Author: Mireya Solis
Publisher: Brookings Institution Press
Total Pages: 176
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.


The Quest for Japan's New Constitution

The Quest for Japan's New Constitution
Author: Christian G. Winkler
Publisher: Routledge
Total Pages: 234
Release: 2012-08-21
Genre: Political Science
ISBN: 1136893237

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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.


Japan's National Security

Japan's National Security
Author: Peter J. Katzenstein
Publisher: Cornell East Asia Series
Total Pages: 314
Release: 1993
Genre: History
ISBN:

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Japan's National Security offers a detailed examination of Japan's distinctive security policy. It traces in considerable detail the evolution of Japan's approach to the economic, political and military dimensions of national structures of government as well as a particular set of relations between state and society. One of the noteworthy aspects of this book is its detailed attention to the transnational links between the Japanese and the American militaries. The book accords a special place of the interaction between the legal and social norms that have affected Japanese conceptions of national security since 1945. Japan's National Security offers an important, meticulously researched, and up-to-date perspective on the role that Japan is likely to play after the Cold War. Together with Defending the Japanese State, these two monographs analyze the structures and norms that are shaping Japan's policy on internal and national security. The specific focus is on governmental, state-society and transnational structures as well as the social and legal norms that affect the policies of Japan's police and self-defense forces.


Constitutional Amendments

Constitutional Amendments
Author: Richard Albert
Publisher: Oxford University Press, USA
Total Pages: 353
Release: 2019
Genre: Law
ISBN: 0190640480

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Constitutional Amendments: Making, Breaking, and Changing Constitutions is both a roadmap for navigating the intellectual universe of constitutional amendments and a blueprint for building and improving the rules of constitutional change. Drawing from dozens of constitutions in every region of the world, this book blends theory with practice to answer two all-important questions: what is an amendment and how should constitutional designers structure the procedures of constitutional change? The first matters now more than ever. Reformers are exploiting the rules of constitutional amendment, testing the limits of legal constraint, undermining the norms of democratic government, and flouting the constitution as written to create entirely new constitutions that masquerade as ordinary amendments. The second question is central to the performance and endurance of constitutions. Constitutional designers today have virtually no resources to guide them in constructing the rules of amendment, and scholars do not have a clear portrait of the significance of amendment rules in the project of constitutionalism. This book shows that no part of a constitution is more important than the procedures we use change it. Amendment rules open a window into the soul of a constitution, exposing its deepest vulnerabilities and revealing its greatest strengths. The codification of amendment rules often at the end of the text proves that last is not always least.


The Constitutional Case Law of Japan

The Constitutional Case Law of Japan
Author: Hiroshi Itoh
Publisher: University of Washington Press
Total Pages: 310
Release: 2016-06-01
Genre: Social Science
ISBN: 9780295803982

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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.