Courts, Politics and Constitutional Law
Courts, Politics and Constitutional Law

Author: Martin Belov

Publisher: Routledge

Published: 2019-10-16

Total Pages: 189

ISBN-13: 1000707970

DOWNLOAD EBOOK

This book examines how the judicialization of politics, and the politicization of courts, affect representative democracy, rule of law, and separation of powers. This volume critically assesses the phenomena of judicialization of politics and politicization of the judiciary. It explores the rising impact of courts on key constitutional principles, such as democracy and separation of powers, which is paralleled by increasing criticism of this influence from both liberal and illiberal perspectives. The book also addresses the challenges to rule of law as a principle, preconditioned on independent and powerful courts, which are triggered by both democratic backsliding and the mushrooming of populist constitutionalism and illiberal constitutional regimes. Presenting a wide range of case studies, the book will be a valuable resource for students and academics in constitutional law and political science seeking to understand the increasingly complex relationships between the judiciary, executive and legislature.

The Oxford Handbook of Japanese Politics
The Oxford Handbook of Japanese Politics

Author: Robert J. Pekkanen

Publisher: Oxford University Press

Published: 2021-10-25

Total Pages: 1001

ISBN-13: 0190050993

DOWNLOAD EBOOK

"Book Abstract and Keywords: The study of Japanese politics has flourished over the past several decades. This Handbook provides a state-of-the-field overview for students and researchers of Japanese. The volume also serves to introduce Japanese politics to readers less familiar with Japan. In addition, the volume has a theme of "evaluating Japan's democracy." Taken as a whole, the volume provides a positive evaluation of the state of Japan's democracy. The volume is divided into two parts, roughly corresponding to domestic Japanese politics and Japan's international politics. Within the domestic politics part, there are four distinct sections: "Domestic Political Actors and Institutions," covering the Japanese Constitution, electoral systems, prime minister, Diet, bureaucracy, judiciary, and local government; "Political Parties and Coalitions," covering the Liberal Democratic Party, coalition government, Kōmeitō, and the political opposition; "Policymaking and the Public," covering the policymaking process, public opinion, civil society, and populism; and, "Political Economy and Social Policy," covering industrial, energy, social welfare, agricultural, monetary, and immigration policies, as well as social inequality. In the international relations part, there are four sections: "International Relations Frameworks," covering grand strategy, international organizations, and international status; "International Political Economy," covering trade, finance, foreign direct investment, the environment, economic regionalism, and the linkage between security and economics; "International Security," covering remilitarization, global and regional security multilateralism, nuclear nonproliferation, naval power, space security, and cybersecurity; and, "Foreign Relations" covering Japan's relations with the United States, China, South Korea, ASEAN, India, the European Union, and Russia. Keywords: international relations, comparative politics, democracy, international order, alliances, space security, elections, Liberal Democratic Party, multilateralism, remilitarization, international organizations, populism, civil society, coalitions, political parties, trade, finance monetary policy, foreign direct investment, cybersecurity"--

Law in Japan
Law in Japan

Author: Daniel H. Foote

Publisher: University of Washington Press

Published: 2011-10-17

Total Pages: 704

ISBN-13: 0295801352

DOWNLOAD EBOOK

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.

Nine Lives?
Nine Lives?

Author: James Patrick Boyd

Publisher: East-West Center

Published: 2005

Total Pages: 100

ISBN-13:

DOWNLOAD EBOOK

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.

Constitutional Courts in Asia
Constitutional Courts in Asia

Author: Hongyi Chen

Publisher: Cambridge University Press

Published: 2018-09-20

Total Pages: 407

ISBN-13: 110719508X

DOWNLOAD EBOOK

A comparative, systematic and critical analysis of constitutional courts and constitutional review in Asia.

MacArthur's Japanese Constitution
MacArthur's Japanese Constitution

Author: Kyoko Inoue

Publisher: University of Chicago Press

Published: 1991-02

Total Pages: 404

ISBN-13: 9780226383910

DOWNLOAD EBOOK

The Japanese constitution as revised by General MacArthur in 1946, while generally regarded to be an outstanding basis for a liberal democracy, is at the same time widely considered to be—in its Japanese form—an document which is alien and incompatible with Japanese culture. Using both linguistics and historical data, Kyoto Inoue argues that despite the inclusion of alien concepts and ideas, this constitution is nonetheless fundamentally a Japanese document that can stand on its own. "This is an important book. . . . This is the most significant work on postwar Japanese constitutional history to appear in the West. It is highly instructive about the century-long process of cultural conflict in the evolution of government and society in modern Japan."—Thomas W. Burkman, Monumenta Nipponica

The Birth Of Japan's Postwar Constitution
The Birth Of Japan's Postwar Constitution

Author: Koseki Shoichi

Publisher: Routledge

Published: 2018-02-01

Total Pages: 229

ISBN-13: 0429976437

DOWNLOAD EBOOK

This 1989 Yoshino Sakuzo prize-winning book is essential reading for understanding Japans postwar constitution, political and social history, and foreign policy. In this, the most complete English account of the origins of Japans Constitution, the author presents new interpretations of the behind-the-scenes actors who shaped the Japanese Constitution: the petulant General Douglas MacArthur, Japanese defenders of the conservative order, Japanese liberal and socialist reformers, and moderate Allies sitting on the Far Eastern Commission. }This 1989 Yoshino Sakuzo prize-winning book is essential reading for understanding Japans postwar constitution, political and social history, and foreign policy. The most complete English account of the origins of Japans constitution, it analyzes the dramatic events of 19451946 that lead to the birth of Japans new constitution. Koseki Shoichi challenges t he simplicity of the current interpretation that General Douglas MacArthur in February 1946, faced with inept Japanese efforts at constitutional reform and Soviet interference through the Far Eastern Commission, secretly ordered his staff to write a constitution in seven days and then imposed it on Japan. Differentiating between the adoption procedure and the framing process, the author argues that the latter was varied, complicated, and rich, going beyond the actions of two nations and their representatives. It involved the clash of legal ideas, the conflicting efforts of individuals of different cultures and different political persuasions, and significant contributions by people with no connection to government.Drawing on Japanese, American, and Australian archives as well as recent scholarly research, Koseki presents new and stimulating interpretations of MacArthurs actions, the Ashida amendment of Article 9, Yoshidas role, and much more. Criticizing Japanese conservative defenders of the old order, he explores Japanese liberal and socialist ideas on constitutional reform and reevaluates the Far Eastern Commissions influence on MacArthurs policies and on the shaping of the basic principles of Japans antiwar constitution. }