The constitution of Japan : a contextual analysis

Shigenori Matsui

Japan boasts the second largest economy in the world and almost two thousand years of history. Yet, its first modern constitution, the Meiji Constitution, was not enacted until comparatively recently (1889). Since then, following World War II, Japan adopted its current Constitution, the Japanese Constitution of 1946. This book is designed to explain the outline of Japan's Constitution, together with a number of its unique characteristics and to offer an 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, Cabinet and executive power, and the Judiciary and judicial power. Also discussed is the protection of fundamental human rights, individual rights - including freedom of expression,economic freedoms, and social rights, pacifism and national defence, and the constitutional amendment and reform. Although the Japanese Constitution was enacted under the strong influence of the United States Constitution, many of its features are very different. For instance the existence of an Emperor, the long dominance of a 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 and the struggle over national defence. 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.

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  • 1 The Constitution: Context And History Introduction Part I: Constitutional Context Part II: History Part III: Sources Of Constitutional Law Part IV: Supremacy of the Constitution Part V: Fundamental Principles of the Japanese Constitution Conclusion Further Reading 2 The Constitution, the People and the Emperor Introduction Part I: The Popular Sovereignty Principle Part II: The People Part II: Election and Political Party Part IV: The Emperor Conclusion Further Reading 3 The Diet and the Legislative Power Introduction Part I: The Diet Part II: Powers of the Diet Part III: Legislative Process 78 Part IV: Legislators and Bureaucrats: Reality of the Legislative Process Conclusion Further Reading 4 The Cabinet and the Executive Power Introduction Part I: The Status of the Cabinet and the Prime Minister Part II: The Powers of the Cabinet P art III: The Relationship Between the Cabinet and the Diet Part IV: The Prime Minister, the Cabinet and Bureaucrats Part V: Legal Control of the Executive Conclusion Further Reading 5 The Courts and the Judicial Power Introduction Part I: The Courts Part II: Justiciability Part III: The Power of Judicial Review Conclusion Further Reading 6 The Protection of Fundamental Human Rights: Structural Issues Introduction Part I: Fundamental Human Rights Part II: Applicability of Constitutional Rights Part III: Restrictions on Fundamental Human Rights Conclusion Further Reading 7 The Protection of Fundamental Human Rights: Specific Rights Introduction Part I: Equality Part II: Personal Freedoms Part III: Economic Freedoms Part IV: Social Rights Conclusion Further Reading 8 Pacifism And National Defence Introduction Part I: Pacifism Part II: The Self-Defence Force Part III: The Japan-United States Mutual Security Treaty Part IV: The Constitution and International Peace Cooperation Conclusion Further Reading 9 Constitutional Amendment and Reforms Introduction Part I: Constitutional Amendment Part II: Amending the Japanese Constitution or Enacting a New Constitution Conclusion Further Reading

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書名 The constitution of Japan : a contextual analysis
著作者等 松井 茂記
Matsui Shigenori
シリーズ名 Constitutional systems of the world
出版元 Hart Pub.
刊行年月 2011
ページ数 xl, 289 p.
大きさ 22 cm
ISBN 9781841137926
NCID BB04358222
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言語 英語
出版国 イギリス