Outline of lecture

Japan's post-war constitution, adopted in 1946 and in operation since 1947, has been a lasting legacy of the US occupation. How was it drafted and adopted? How has it survived so long without revision? How have its ore provisions - for pacifism, human rights, and popular sovereignty - stood the test of time and how has the constitution been adopted and interpreted by Japan's political and legal institutions and within Japan's society at large? What is the relationship between the constitution and Japan's international treaty obligations, especially under the security treaty with the US? Within a comprehensive frame, particular attention will be paid to Article 9 (the "peace clause").

Purpose of lecture

Japan's post-war constitution, adopted in 1946 and in operation since 1947, has been a lasting legacy of the US occupation. How was it drafted and adopted? How has it survived so long without revision? How have its ore provisions - for pacifism, human rights, and popular sovereignty - stood the test of time and how has the constitution been adopted and interpreted by Japan's political and legal institutions and within Japan's society at large? What is the relationship between the constitution and Japan's international treaty obligations, especially under the security treaty with the US? Within a comprehensive frame, particular attention will be paid to Article 9 (the "peace clause").

Plan of lecture

Week One (1-5 June)
Meiji to Heisei – sovereignty, civic rights, war and peace, judicial interpretations (1959-2008).

Week Two (8-12 June)
Problem areas: Articles 1-8, 9, 13, 19, 21, 24, 25, 92-5 etc (symbolic emperor, peace, freedom of thought and assembly etc, gender equality, livelihood right, local autonomy, minorities, Okinawa.

Textbook and reference

Glenn D. Hook and Gavan McCormack, Japan's Contested Constitution, Documents and Analysis, London and New York, Routledge, 2001, especially pp. 1-51.
Gavan McCormack, Client State: Japan in the American Embrace, New York and London, Verso, 2007, chapter 6, 窶弋he Constitution and the Fundamental Law of Education窶�
Japan Focus: http://japanfocus.org (check articles related to constitution)

Evaluation

Regular attendance and positive participation is required.
One piece of writing only is required, at the end of the course:
On the following topic:
窶抉opular sovereignty, peace, human rights: how does the 1946 package stand up in 2009? Should it be revised? If so, how, and why?窶�
Assessment is 30 per cent by class participation and 70 per cent by the written piece.

Comments from lecturer

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Supplement

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