Five decades of constitutionalism in Japanese society

Abstract

Promulgated in 1946, Japan's postwar constitution, only the second constitution in its history, took effect immediately following World War II. As a bold statement of democratic principles, respect for the rule of law, and resolve to follow a non-military policy, it provided a legal structure within which Japan could rebuild its political institutions and begin to recover from the damage of the war. The constitution placed into law a broad range of ideals, including: the individual right to receive an education and to participate in the political process; freedom of speech and religion; welfare and labour rights; equal rights for women; and the right to judicial review and due process. Its famous Article Nine established the principle of emancipation from military competition and dedication to the peaceful resolution of conflict. This volume presents the analyses of legal and political science scholars on the impact of the constitutional standards on Japanese society. In addition, the scholars examine problems that remain unresolved today, such as local autonomy, full equality for women, the status of non-Japanese nationals, and the role of political parties and pressure groups.

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