Japan’s Arduous Rejuvenation as a Global Power


Book Description

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.




Japan Transformed


Book Description

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.




The Endurance of National Constitutions


Book Description

Constitutions are supposed to provide an enduring structure for politics. Yet only half live more than nine years. Why is it that some constitutions endure while others do not? In The Endurance of National Constitutions Zachary Elkins, Tom Ginsburg and James Melton examine the causes of constitutional endurance from an institutional perspective. Supported by an original set of cross-national historical data, theirs is the first comprehensive study of constitutional mortality. They show that whereas constitutions are imperilled by social and political crises, certain aspects of a constitution's design can lower the risk of death substantially. Thus, to the extent that endurance is desirable - a question that the authors also subject to scrutiny - the decisions of founders take on added importance.




Nine Lives?


Book Description

Japan is a vibrant democracy, but its citizens have neither been given-nor have they taken-responsibility for authoring their own constitution. In 1889 the Emperor Meiji, supported by a group of oligarchs, bestowed an autocratic constitution upon his subjects. Then, in 1947, the U.S. occupation forces imposed a democratic constitution on the defeated citizens of postwar Japan. While this document has been the persistent object of intense debate, it has never been amended. But public opinion has shifted in favor of revision. Both the ruling Liberal Democratic Party (LDP) and the main opposition party, the Democratic Party of Japan (DPJ), are preparing constitutional drafts, and Japan is in the midst of one of the most consequential tests of its democratic institutions. Although the contemporary revision debate encompasses a number of weighty issues, including the role of the emperor and basic rights of citizens, one passage in particular continues to cast a shadow over the entire enterprise: Article Nine, the famous "peace clause" renouncing the possession and use of force for settling international disputes. Long the primary target of revisionist fervor, Article Nine was at the center of the first serious revision debate in the 1950s and controversies arising from its application again helped to ignite the contemporary revision movement after the Gulf War in 1991. Seen variously as an impediment to national autonomy, national muscularity, and national honesty, Article Nine has been continuously reinterpreted as the domestic and international political landscapes have shifted. This study examines why Article Nine has survived without amendment for so long, why it has returned to the political agenda with such force in recent years, and how debate over its revision will affect Japanese domestic politics and foreign policy.




Law in Japan


Book Description

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.




Dilemmas of a Trading Nation


Book Description

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 Constitutional Case Law of Japan


Book Description

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.




The Quest for Japan's New Constitution


Book Description

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.







Constitutional Amendments


Book Description

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.