講義概要

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").

講義の目的

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").

講義計画

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.

教科書・参考書等

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, “The Constitution and the Fundamental Law of Education”
Japan Focus: http://japanfocus.org (check articles related to constitution)

成績評価

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

担当教員の一言

人数制限をすることがあるので、1回目の授業に必ず出席すること。

その他

推奨学期：1,3,5,7　連絡先：世界文明センター（内線3892）
『文明科目学習案内』に5月下旬2週間の集中講義と記載しましたが、6月上旬2週間の集中講義です。