NCJ Number
129222
Journal
Law and Contemporary Problems Volume: 53 Issue: 1 and 2 Dated: special issue (Winter/Spring 1990) Pages: 73-87
Date Published
1990
Length
15 pages
Annotation
The article details the role of three principles in Japanese constitutional culture: pacifism, popular sovereignty, and fundamental human rights. It illustrates how the principles have affected the course of the constitution in action, and it shows how the principles serve as a guide for speculation about the future of the Japanese constitution.
Abstract
The definition and discussion of pacifism as a constitutional principle begin the article. Japan's constitution forbids war and raising arms in conflict, but does allow for ground, air, and maritime self-defense forces. This conflict is discussed in terms of future generations wanting to change the pacifism basis of the Japanese Constitution. The discussion of popular sovereignty then follows. It is argued that Japan's government, as a manifestation of popular sovereignty, has managed to deal effectively with the problems of the people with little change in the structure of the government. The discussion of fundamental human rights in Japan presents this idea as one strongly adopted and supported by the Japanese public as part of their democracy. A discussion of the contribution of the Commission on the Constitution to Japanese constitutional theory concludes the article. 20 notes