Japanese Constitutional Law

Under its postwar Constitution, which was promulgated in 1947, Japan adopted the principles of popular sovereignty, protection of fundamental human rights, judicial independence, and pacifism. It was a somewhat radical change from the Meiji Constitution which it replaced. Despite initial fears concerning a constitution imposed by foreign powers - would an authoritarian and traditionalist society and a government hitherto based on the divinity of the emperor be able to adapt to the principles of democratic self-government? - the transition to popular sovereignty proved successful. And although debates over constitutional revision have continued since its enactment, the Constitution has provided the institutional and conceptual framework for the prosperity and democracy that Japan has enjoyed since the war.
This volume brings together the reflections and analyses of leading Japanese and American scholars of the Japanese Constitution. They review the past four decades, focusing on the status of the emperor, reappraisal and revisionism, judicial review, and the balance between individual liberties and the public welfare. The renunciation-of-war clause (Article 9) and separation of religion and the state are among the many other topics examined.