The Constitution of Japan: A Contextual Analysis
Shigenori Matsui - Hart Publishing Limited, 2011
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With almost 2,000 years of history, Japan
boasts the second largest economy in the world. Yet, its first modern
constitution - the Meiji Constitution - was not enacted until comparatively
recently, in1889. Following World War II, Japan adopted and ratified its current
Constitution, the Japanese Constitution of 1946. This book - part of the
Constitutional Systems of the World series by Hart Publishing, Oxford - is
designed to explain the outline of Japan's Constitution together with a number
of its unique characteristics, and offers the historical background and context
which help explain its significance. Major topics covered include the
constitutional history of Japan, fundamental principles of the Constitution, the
people and the Emperor, the Diet and legislative power, the Cabinet and
executive power, and the Judiciary and judicial power. Also discussed are the
protection of fundamental human rights, individual rights (including freedom of
expression), economic freedoms, social rights, democratic and procedural rights,
pacifism, and national defense. Although the Japanese Constitution was enacted
under the strong influence of the US Constitution, many of its features are very
different, for example: the existence of an Emperor * the long dominance of the
Conservative party over the government * the relatively strong power of
government bureaucrats * the absence of a leadership role in the Prime Minister
* the small role the judiciary play in solving constitutional disputes * the
struggle over national defense. Written in an accessible style and comprehensive
in content, the reader will find this account of the constitutional law of Japan
both unique and stimulating.
