Author
Abstract
The purpose of this paper is to survey the debates over constitutionalism in recent Japanese constitutional scholarship. Section 1 introduces the definition of constitutionalism proposed by the most well-known Japanese constitutional scholar and supported by a majority of scholars. It then describes the historical development of constitutionalism from its birth in England to its current form including the judicial review system, followed by the consistency of constitutionalism with welfare state or democracy. In section 2, the scope of constitutionalism is demonstrated through current leading scholars’ literature. This section also discusses the classification of constitutionally guaranteed human rights, the active role of the people in the administration of the state, and the difference between constitutional order and constitutional law. Section 3 considers whether constitutionalism can exist across state borders. It distinguishes the globalization of constitutionalism from global constitutionalism. Section 4 discusses the most controversial issues of constitutionalism in Japan: pacifism and constitutional amendment. Nowadays, the term ‘constitutionalism’ is frequently used in political contexts in Japan concerning a constitutional amendment draft released by one of the incumbent political parties and the recently established Legislation for Peace and Security. Further, Japanese constitutional scholars’ majority views about constitutionalism are discussed along with the influential critics.
Suggested Citation
Noboru YANASE, 2016.
"Debates Over Constitutionalism in Recent Japanese Constitutional Scholarship,"
Social Science Japan Journal, University of Tokyo and Oxford University Press, vol. 19(2), pages 193-202.
Handle:
RePEc:oup:sscijp:v:19:y:2016:i:2:p:193-202.
Download full text from publisher
As the access to this document is restricted, you may want to search for a different version of it.
Corrections
All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:oup:sscijp:v:19:y:2016:i:2:p:193-202.. See general information about how to correct material in RePEc.
If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.
We have no bibliographic references for this item. You can help adding them by using this form .
If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Oxford University Press (email available below). General contact details of provider: https://academic.oup.com/ssjj .
Please note that corrections may take a couple of weeks to filter through
the various RePEc services.