Journal articles: 'Japanese Constitution'

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Yu, Wenjun, Mingyue Ma, Xuemei Chen, Jiayu Min, Lingru Li, Yanfei Zheng, Yingshuai Li, Ji Wang, and Qi Wang. "Traditional Chinese Medicine and Constitutional Medicine in China, Japan and Korea: A Comparative Study." American Journal of Chinese Medicine 45, no. 01 (January 2017): 1–12. http://dx.doi.org/10.1142/s0192415x1750001x.

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Traditional Chinese medicine (TCM), Japanese–Chinese medicine, and Korean Sasang constitutional medicine have common origins. However, the constitutional medicines of China, Japan, and Korea differ because of the influence of geographical culture, social environment, national practices, and other factors. This paper aimed to compare the constitutional medicines of China, Japan, and Korea in terms of theoretical origin, constitutional classification, constitution and pathogenesis, clinical applications and basic studies that were conducted. The constitutional theories of the three countries are all derived from the Canon of Internal Medicine or Treatise on Febrile and Miscellaneous Diseases of Ancient China. However, the three countries have different constitutional classifications and criteria. Medical sciences in the three countries focus on the clinical applications of constitutional theory. They all agree that different pathogenic laws that guide the treatment of diseases govern different constitutions; thus, patients with different constitutions are treated differently. The three countries also differ in terms of drug formulations and medication. Japanese medicine is prescribed only based on constitution. Korean medicine is based on treatment, in which drugs cannot be mixed. TCM synthesize the treatment model of constitution differentiation, disease differentiation and syndrome differentiation with the treatment thought of treating disease according to three categories of etiologic factors, which reflect the constitution as the characteristic of individual precision treatment. In conclusion, constitutional medicines of China, Japan, and Korea have the same theoretical origin, but differ in constitutional classification, clinical application of constitutional theory on the treatment of diseases, drug formulations and medication.

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Yokodaido, Satoshi. "Constitutional stability in japan not due to popular approval." German Law Journal 20, no. 2 (April 2019): 263–83. http://dx.doi.org/10.1017/glj.2019.16.

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AbstractThe Japanese Constitution has never experienced any amendment since its enactment in 1947. This article claims that the reason is not the Japanese people’s support of it from the heart. The hypothesis presented in this article is that many other political, structural and cultural reasons have gradually deprived the Constitution’s normative force among people, and have made constitutional amendment unnecessary in Japanese politics.

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Bix, Herbert P. "Whither Japan? Seven Decades After Defeat." Monthly Review 67, no. 6 (November 2, 2015): 19. http://dx.doi.org/10.14452/mr-067-06-2015-10_2.

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The hard-won lessons of Japan's wartime defeat are enshrined in its National Constitution and Article 9 in particular.… For the past seventy years, Article 9 remained a fundamental principle of Japanese diplomacy, undergirded by memories of the Asia-Pacific War and the U.S. occupation, buttressed by important revisionist histories of Japanese imperialism. A politically recovered, economically restored Japanese populace still appreciates the Constitution and the relevance of Article 9. But conservative politicians who never believed in the Constitution's ideals repeatedly challenged and worked around Article 9 despite the majority's support for it.… Today, once again, Article 9 stands in danger of abandonment by interpretation rather than revision by constitutional processes.<a href="http://monthlyreview.org/index/volume-67-number-6" title="Vol. 67, No. 6: November 2015" target="_self">Click here to purchase a PDF version of this article at the Monthly Review website.</a>

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Aikyo, Koji. "The British Constitution in Japanese Constitutional Studies." King's Law Journal 26, no. 2 (May 4, 2015): 213–28. http://dx.doi.org/10.1080/09615768.2015.1072983.

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Shibata, Ria. "Identity, Nationalism and Threats to Northeast Asia Peace." Journal of Peacebuilding & Development 13, no. 3 (December 2018): 86–100. http://dx.doi.org/10.1080/15423166.2018.1516157.

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The escalating public debate over amendment of the Japanese constitution centres on the war-renouncing principles of Article 9 — the symbol of Japan's pacifist identity. Since elected to power, Prime Minister Shinzo Abe and his supporters have been steadfastly pushing to revise the constitution to remove pacifist constraints on the nation's Self-Defense Forces. In the face of growing insecurities generated by long economic stagnation, regional threats posed by North Korean missiles and rising Chinese hegemony, Japanese conservative politicians feel it is time to overhaul Japan's humiliating postwar regime represented by the pacifist constitution and restore Japan's pride and independence. This article examines the resurgence of nationalist discourse in Japan as a response to Japan's threatened identity and esteem. As the Japanese people become increasingly exposed to nationalist narratives and realistic threats, how have these affected their desire to maintain a pacifist identity? This paper further examines the pacifist attitudes of today's Japanese youth and to what extent they are in favour of changing the constitution to adopt a stronger military defence.

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TAKEDA, Mariko. "Japanese Constitution and Family." TRENDS IN THE SCIENCES 21, no. 12 (2016): 12_94–12_97. http://dx.doi.org/10.5363/tits.21.12_94.

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Akiyama, Hajime. "COVID-19 measures and the Japanese Constitution." F1000Research 10 (March 23, 2021): 230. http://dx.doi.org/10.12688/f1000research.50861.1.

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Since March 2020, the Act on Special Measures for Pandemic Influenza and New Infectious Diseases Preparedness and Response has been a significant statute in dealing with COVID-19 in Japan. The Act mandates requests and orders for business suspension and shortened business hours, as well as stay-at-home requests. Although there have been no penalties as of January 2021, these requests and orders limit freedom of movement and establishment, guaranteed rights under the Japanese Constitution. This article poses the following research question: “Does the Japanese Constitution allow measures against COVID-19 such as requests and orders for business suspension and shortened business hours, and stay-at-home requests?” It also asks: “Are measures with penalties allowed by the Constitution?” This paper introduces constitutional concepts that guarantee or limit individual freedom. Concepts that guarantee individual freedoms include freedom of establishment and movement. These freedoms derive from the constitutional values of freedom to choose one’s occupation and choose and change one’s residence (Art. 22) and the right to own or hold property (Art. 29). Concepts that limit individual freedom include the right to life (Art. 13), welfare rights and public health (Art. 25), and public welfare (Art. 13). Individual freedom that threatens right to life, welfare rights and public health, and public welfare may not be guaranteed. This paper argues that since measures against COVID-19 are considered public welfare, the Constitution allows the limiting of freedom of establishment and movement. Furthermore, from the perspectives of the right to life, welfare rights, and public health, the government is responsible for reducing the risk to life from COVID-19. It also argues that the Constitution permits measures with penalties, while proportionality needs to be considered.

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오가타 타케시. "Social Equality and Constitution - From the Japanese Constitutional Law Perspective -." Journal of Constitutional Justice 4, no. 1 (June 2017): 187–209. http://dx.doi.org/10.35215/jcj.2017.4.1.006.

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MATSUI, Shigenori. "Fundamental Human Rights and ‘Traditional Japanese Values’: Constitutional Amendment and Vision of the Japanese Society." Asian Journal of Comparative Law 13, no. 1 (February 22, 2018): 59–86. http://dx.doi.org/10.1017/asjcl.2017.25.

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AbstractEver since the Constitution of Japan was enacted in 1946, conservative Japanese people must have been unhappy with it. Their past attempts to enact a new constitution or to make radical revisions have been unsuccessful, but they might finally accomplish their goal under the current Abe Cabinet. Why are conservative people unhappy with the Constitution? It is because the Constitution prevents Japan from becoming a ‘normal state’, and it is deemed not in line with ‘traditional Japanese values’. The fundamental human rights provisions are their main target. Therefore, conservative people want to restore ‘traditional Japanese values’ by amending the bill of rights of the Constitution. This article will examine the reasons why conservative people are upset with the Constitution, how they would like to amend it, and whether their arguments are persuasive. It will conclude that their arguments, just like the ‘Asian values’ theory, are hardly justifiable and could completely undermine the foundation of individual rights protection.

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Ogawa, Akihiro. "Security Paradigms and Social Movements." Asian Journal of Social Science 46, no. 6 (November 29, 2018): 725–47. http://dx.doi.org/10.1163/15685314-04606006.

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Abstract In 2014, Japan’s cabinet approved a significant change to national security policy. Previously barred from using military force, except in cases of self-defence, a constitutional reinterpretation by the cabinet allowed “collective self-defence”—using force to defend itself and its allies. The decision was controversial, considering post-war pacifism is firmly entrenched in Japanese national identity. I analyse how national security has been portrayed in the policymaking process for reinterpreting the Constitution. Meanwhile, since the early 2010s, Japanese society has been rocked by demonstrations opposing this. I explore the rise of a new youth activist movement in response to the proposed legislation. In particular, I argue that new ideologies and strategies appealed to young people in the organising of various protests, focusing on how they interpret the national security discourse and locating these social movements in Japanese post-war peace activism.

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Akiyama, Hajime. "COVID-19 measures and human rights guaranteed by the Japanese Constitution." F1000Research 10 (September 14, 2021): 230. http://dx.doi.org/10.12688/f1000research.50861.2.

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Since March 2020, the Act on Special Measures for Pandemic Influenza and New Infectious Diseases Preparedness and Response has been a significant statute in dealing with COVID-19 in Japan. The Act mandates requests, instructions and orders for business suspension and shortened business hours, as well as stay-at-home requests. These measures limit freedom of movement and establishment, guaranteed rights under the Japanese Constitution. This article poses the following research question: “Does the Japanese Constitution allow measures against COVID-19 such as requests, instructions and orders for business suspension and shortened business hours, and stay-at-home requests?” It also asks: “Are measures with penalties allowed by the Constitution?” given the fact that the penalties were introduced in February 2021. This paper introduces constitutional concepts that guarantee or limit individual freedom. Concepts that guarantee individual freedoms include freedom of establishment and movement. These freedoms derive from the constitutional values of freedom to choose one’s occupation and choose and change one’s residence (Art. 22) and the right to own or hold property (Art. 29). Concepts that limit individual freedom include the right to life (Art. 13), welfare rights and public health (Art. 25), and public welfare (Art. 13). Individual freedom that threatens right to life, welfare rights and public health, and public welfare may not be guaranteed. This paper argues that the Constitution allows the measures against COVID-19 limiting freedom of establishment and movement from the perspectives of the right to life, welfare rights, public health, and public welfare, and the government is responsible for reducing the risk to life from COVID-19. It also argues that the Constitution permits measures with penalties, while proportionality needs to be considered.

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Okuno, Hiroyuki. "Development of a cross-disciplinary constitutional learning program in junior high school social studies using ICT." Impact 2021, no. 2 (February 26, 2021): 25–27. http://dx.doi.org/10.21820/23987073.2021.2.25.

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A nation's constitution is of prime importance to its people as it sets out the fundamental principles a government must adhere to, as well as outlining the rights it must grant its people. A constitution's guarantee of human rights makes it essential for preserving liberty and, as such, it is important that society is informed about the constitution and the rights it affords them. That is why educational institutions should familiarise students with their respective nation's constitution. Dr Hiroyuki Okuno, Doshisha University, Japan, champions the development and implementation of new ways of teaching the Japanese constitution to students. He is developing a cross-disciplinary learning programme for junior high school students called the Constitutional Learning Programme that teaches the constitution using social studies that utilise ICT. His goal is to spark within students an active interest in the constitution and encourage them to play a role in the constitution in terms of expressing opinions and thinking deeply about liberty and human rights. The programme's format is flipped learning, with students acquiring knowledge ahead of time and later deepenging this understanding through interaction with peers and teachers. The use of e-learning is key here as Okuno wants students to learn at their own pace and believes this is facilitated by this style of learning, enabling students to take home ideas learned in the classroom and better familiarise themselves with these concepts independently.

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Okuno, Hiroyuki. "Development of a cross-disciplinary constitutional learning program in junior high school social studies using ICT." Impact 2021, no. 7 (September 14, 2021): 35–37. http://dx.doi.org/10.21820/23987073.2021.7.35.

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A nation's constitution is of prime importance to its people as it sets out the fundamental principles a government must adhere to, as well as outlining the rights it must grant its people. A constitution's guarantee of human rights makes it essential for preserving liberty and, as such, it is important that society is informed about the constitution and the rights it affords them. That is why educational institutions should familiarise students with their respective nation's constitution. Dr Hiroyuki Okuno, Doshisha University, Japan, champions the development and implementation of new ways of teaching the Japanese constitution to students. He is developing a cross-disciplinary learning programme for junior high school students called the Constitutional Learning Programme that teaches the constitution using social studies that utilise ICT. His goal is to spark within students an active interest in the constitution and encourage them to play a role in the constitution in terms of expressing opinions and thinking deeply about liberty and human rights. The programme's format is flipped learning, with students acquiring knowledge ahead of time and later deepenging this understanding through interaction with peers and teachers. The use of e-learning is key here as Okuno wants students to learn at their own pace and believes this is facilitated by this style of learning, enabling students to take home ideas learned in the classroom and better familiarise themselves with these concepts independently.

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TAKAHASHI, Nobuo. "A LUKEWARM CONSTITUTION OF JAPANESE FIRMS." Kodo Keiryogaku (The Japanese Journal of Behaviormetrics) 16, no. 2 (1989): 1–12. http://dx.doi.org/10.2333/jbhmk.16.2_1.

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Marfording, Anette. "Gender Equality Under the Japanese Constitution." Verfassung in Recht und Übersee 29, no. 3 (1996): 324–46. http://dx.doi.org/10.5771/0506-7286-1996-3-324.

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Ota, Kazuo. "The meaning of the Japanese constitution." Japanese Studies 12, no. 3 (December 1992): 106–10. http://dx.doi.org/10.1080/10371399208521895.

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Arato, Andrew. "Interim Imposition." Ethics & International Affairs 18, no. 3 (December 2004): 25–50. http://dx.doi.org/10.1111/j.1747-7093.2004.tb00475.x.

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[MacArthur] said that he had issued no orders or directives, and that he had limited himself merely to suggestions…. He stated that it was his belief, that it was his conviction, that a constitution, no matter how good, no matter how well written, forced upon the Japanese by bayonet would last just as long as bayonets were present, and he was certain that the moment force was withdrawn and the Japanese were left to their own devices they would get rid of that constitution.—Recorded on January 29,1946, by Nelson T. Johnson, Secretary-General of the Far East CommissionIn spite of the storm surrounding its first appearance, the cumbersomely named “Law of Administration for the State of Iraq for the Transitional Period” (TAL) has been surprisingly immune from criticism in the West since its initial signing on March 8, 2004. American officials, anxious to declare victories where they can, as well as journalists seeking newsworthiness have insisted on the more accurate and revealing term “interim constitution.” Its technocratic name, designed to neutralize (or hide) its constitutional significance, may partly explain why it has received little critical attention, but a more likely explanation is that many of its readers have rightly or wrongly viewed it as offering better protections for rights, including those of minorities and women, and more safeguards against newforms of authoritarian rule than other constitutions in Islamic countries, especially those in the Arab Middle East, including Iraq's own constitutional past. Commentators are apt to overlook the imposed character of the production of the document, perhaps because they suspect that a more genuinely negotiated and consensual product would very possibly have included fewer supposed protections for rights and safeguards against dictatorship, or at least the “tyranny of the majority.”

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Ishibashi, Kanami. "Implementation of International Law in Japanese Courts." Korean Journal of International and Comparative Law 3, no. 2 (November 13, 2015): 139–70. http://dx.doi.org/10.1163/22134484-12340056.

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The Constitution has supremacy in the Japanese legal system and describes its relationship with international law as follows: “The treaties concluded by Japan and established laws of nations shall be faithfully observed.” (Art. 98(2)) It has been construed that treaty provisions should be treated respectfully – under the Constitution but superior to domestic laws – and can be invoked in the same way as laws, although courts have been reluctant to apply them. Recently, some innovative changes have occurred in the attitude of Japanese courts, especially in human rights issues concerning children, women, disabled peoples, minorities, and foreigners. We can now expect Japanese courts to invoke or use international human rights law directly or indirectly to interpret the less-elaborated parts of the Constitution and other domestic laws since human rights obligations should be internationalized to the same standard, and since the Japanese Constitution cannot be a “self-contained” law separate from international society.

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Wang, Qin. "Constitution and Literariness: Takeuchi Yoshimi's Critique of the Postwar Japanese Constitution." Telos 2019, no. 189 (2019): 169–82. http://dx.doi.org/10.3817/1219189169.

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PLETNIA, MACIEJ. "Back to the Past: Analysis of the Amendments Regarding Emperor and the National Symbols in the LDP 2012 Constitutional Draft." Japanese Journal of Political Science 18, no. 1 (February 14, 2017): 176–95. http://dx.doi.org/10.1017/s1468109916000360.

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AbstractSince the Liberal Democratic Party of Japan's (LDP) return to power in late 2012, there has been on-going discussions regarding the possibility of revising the Japanese constitution. Prime Minister Shinzō Abe has made numerous remarks regarding his intention to implement significant changes. Understandably, amendments to the controversial Article 9 as well as to the Article 96 have become the main points of interests for both journalists and scholars. Judging by the LDP's constitutional draft from 2012 there are other significant changes that the ruling party would like to implement. This article mainly analyses the proposed amendments regarding the position and significance of the emperor, national flag, and anthem, as well as separation of the state and religion. Based on textual analysis of the draft and analysis of the remarks made by Abe Shinzō regarding changing the constitution, this paper argues that, if implemented, the proposed changes would symbolically link contemporary Japan with its pre-1945 past. Furthermore, both the LDP's constitutional draft and leading politicians’ comments regarding the necessity of those amendments fit into a much broader narrative regarding Japan's historical past, and signify another attempt to reconstruct collective memory of both the Pacific War and occupation years.

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Angelo, A. H. "The Constitutional Case Law of Japan, 1970 through 1990." Victoria University of Wellington Law Review 27, no. 1 (April 1, 1997): 39. http://dx.doi.org/10.26686/vuwlr.v27i1.6129.

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This article is a book review of Lawrence N Beer and Hiroshi Itoh The Constitutional Case Law of Japan, 1970 through 1990 (University of Washington Press, Seattle, 1996) Pages i-xiv, 1-688 including appendices and index. The book contains 47 judgments of Japanese courts on constitutional matters delivered in the period 1970-1990, with most being from the Supreme Court of Japan. The editors, in the Introduction, provide an overview of Japan's constitutional law since 1945 and set the judicial developments in the general context of the Constitution of Japan, in its political setting and, more generally, in an international frame. Angelo praises the authors, concluding that this book is essential for all interested in legal and political developments in Japan.

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Matsui, Yukio. "Characteristics of the Japanese Constitution: An Overview." King's Law Journal 26, no. 2 (May 4, 2015): 189–92. http://dx.doi.org/10.1080/09615768.2015.1076205.

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Kobori, Masahiro. "A review of two beliefs of parliamentary government in postwar Japan: Japanese/French beliefs beneath the British canopy." International Journal of Constitutional Law 18, no. 1 (January 2020): 147–72. http://dx.doi.org/10.1093/icon/moaa007.

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Abstract Although the 1947 Constitution of Japan was enacted under the occupation of the General Headquarters of the Allied Powers, it is thought that a British-style parliamentary government was introduced in Japan at this time. Leading constitutional scholars in postwar Japan believed in two ideas derived from the British constitutional history: (i) monistic parliamentary government and (ii) the free exercise of dissolution power by the British cabinet. Both of these ideas have been widely shared among constitutional scholars in Japan. However, in fact, these two beliefs derived from French scholars, and British constitutional scholars did not share them. The difference in substance and approach between the Japanese/French and the British interpretations was never explored in Japan. Japanese scholars sought a rational understanding of the British parliamentary government, thereby overlooking the empiricist understanding.

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Dananjaya, Nyoman Satyayudha, and Fuchikawa Kazuhiko. "The Citizens’ Constitutional Rights Regarding Habitable and Wholesome Environment: Towards a Law State that Protects the Environment." Udayana Journal of Law and Culture 4, no. 1 (January 31, 2020): 81. http://dx.doi.org/10.24843/ujlc.2020.v04.i01.p05.

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This paper aims to examine the protection of the environment in Indonesia which is part of the realization of a law state that guarantees the constitutional rights of its citizens. It is a legal research that reviews Indonesian constitutional and statutory provisions, besides adding a comparative perspective from a Japanese Constitution and legal system. It is found that the concept of a law state in Indonesia does not specifically follow the concept of a law state like what is meant in “rechtsstaat” or “the rule of law”. It has peculiar characteristics which indeed seem to adopt the noble values ??of those two concepts which clearly confesses in the constitution along with the elements and characters stated in it. One of the most prominent characteristics of a law state is the recognition and protection of human rights. In the Indonesian Constitution 1945, human rights as the fundamental rights of human beings have been arranged and compiled which is legally legitimized become constitutional rights. Among human rights, rights related to the environment include essential rights in array of international human rights formulations. Article 28 letter H of the Indonesian Constitution 1945 expressly states the rights to habitable and wholesome environment for citizen. The protection form can be a normative arrangement in the constitution or in a formal juridical through legislation. Protection of citizens' constitutional rights related to the environment is faced with due process of environmental protection that requires consistency in order to achieve the intention and direction of the Indonesian law state itself.

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Tsutsui, W. "Conceptions of Japan's Security affecting Cooperation with the United Nations." Victoria University of Wellington Law Review 27, no. 1 (April 1, 1997): 1. http://dx.doi.org/10.26686/vuwlr.v27i1.6120.

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This article analyses the vexed question of the interaction of Japan's post-War Constitution, the San Francisco Peace Treaty, and the Japan-US Security Treaty. It compares the initial conceptions of Japanese security in relation to the United Nations with conceptions engendered by the Korean War and more recent peace-keeping operations. It concludes with some implications for Japan's security in a post-Cold War era.

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Dudden, Alexis. "A Push to End Pacifism Tests Japanese Democracy." Current History 114, no. 773 (September 1, 2015): 224–28. http://dx.doi.org/10.1525/curh.2015.114.773.224.

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McNelly, Theodore. "The Renunciation of War In the Japanese Constitution." Armed Forces & Society 13, no. 1 (October 1986): 81–106. http://dx.doi.org/10.1177/0095327x8601300104.

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BIBIK, OLEKSANDRA. "TRANSFORMATION OF THE JAPANESE MEMORY POLITIC IN THE II HALF OF XX-XXI CENTURIES IN THE CONTEXTS OF PAN-ASIAN AMBITIONS." Skhid, no. 1(2) (July 1, 2021): 27–32. http://dx.doi.org/10.21847/1728-9343.2021.1(2).236141.

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The article is devoted to the analyses of the role of Pan-Asianism in the formation of the Japanese policy of memory in the period after World War II. Since the Meiji period, Japan has had a dual relationship with Asia: on the one hand, as a region of high spirituality and culture, on the other, as a region lagging behind the West or Europe in terms of economic, political and technological development. In the 1950s, when Japan was experiencing a period of economic crisis caused by the defeat of the war, the occupation regime, and the formation of military memory, we see a trend of Japanese intellectuals classifying Japan as "Asia". If during World War I Pan-Asian ideology was used to correct imperial ideology and colonialism, modern Pan-Asian concepts tend to create a union of Southeast Asian countries for support and mutual development. The further development of these sentiments depends on the implementation of existing ASEAN projects and the specifics of the adopted political and economic strategies of the Asian Commonwealth. The articles provide the first comprehensive analysis of the constitutional documents, editions and speeches of Japanese politicians, which show the transformations of Japanese memory politic. The main terms of development of this policy, which consist in patient orientation and gradual formation of new Asianism, are separated. Discussions around Yasukuni-jinja and Japanese history textbooks as examples of these trends in Japanese politics are analyzed. Provided that Japan's pacifist position is enshrined in the constitution, there are conservative and nationalist views on the Japanese war in Asia. As part of Japan's policy of remembrance, Pan-Asianism fosters an ambivalent attitude toward Japanese expansion in Asia. Subject to Japan's official admission of guilt to neighbouring countries, condemnation of expansionism and colonialism, and the transition to pacifism, there are conservative and nationalist views on the Japanese war in Asia. Within the conservative position, Japanese guilt is questioned and the need to recognize the heroic participants in the war is proclaimed, the "Great East Asian War" is interpreted as a war of self-defence, or the correctness and truth of Pan-Asian ideals of Taisho and Showa Japan are recognized.

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Kline, William, Masaaki Kotabe, Robert Hamilton, and Stanley Ridgley. "Organizational constitution, organizational identification, and executive pay." Asia-Pacific Journal of Business Administration 9, no. 1 (April 3, 2017): 54–68. http://dx.doi.org/10.1108/apjba-02-2016-0022.

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Purpose The purpose of this paper is to provide insights from the upper echelon, agency, and organizational identification literatures to help explain cross-cultural differences in top management team pay. Design/methodology/approach This is a theoretical paper building upon the executive compensation literature examining US and Japanese pay schemes. Findings The paper presents three propositions relating to the influence of organizational constitution and organizational identification on the level of pay, as well as the allocation of pay in top management team compensation schemes. Originality/value There is relatively little research focusing on why there are cross-cultural pay differences. This paper uses US and Japanese studies to highlight mechanisms that can foster principal-agent goal alignment in different contexts.

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Okuda, Hiroko, and Takeshi Suzuki. "Prime Minister Abe’s challenge to the Japanese Postwar Constitution." Journal of Argumentation in Context 7, no. 1 (May 7, 2018): 18–32. http://dx.doi.org/10.1075/jaic.16008.oku.

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Abstract Japan has transformed itself from a militaristic, imperialist state into a pacifist, democratic country as well as a reliable U.S. ally. However, postwar Japan has had two responses to the lost war. On the one hand, conservatives often found it difficult to reconcile themselves with the reality of losing the last war. On the other hand, liberals found themselves at home in line with the Japanese postwar democracy based on the country’s embrace of the no war ideal. Taking into account the tension intrinsic to Japanese interpretations of the postwar Constitution, this study will explore the way in which Prime Minister Abe made confrontational strategic maneuvering in political argumentation. By doing so, it will explicate how Abe sought to identify the context in the way that one should view a reality.

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Harašta, Jakub. "Michal Kolmaš: National Identity and Japanese Revisionism." Mezinárodní vztahy 56, no. 2 (June 1, 2021): 109–14. http://dx.doi.org/10.32422/mv-cjir.1777.

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Over the course of the twentieth century, Japan has experienced a radical shift in its self-perception. After World War II, Japan embraced a peaceful and anti-militarist identity, which was based on its war-prohibiting Constitution and the foreign policy of the Yoshida doctrine. For most of the twentieth century, this identity was unusually stable. In the last couple of decades, however, Japan’s self-perception and foreign policy seem to have changed. Tokyo has conducted a number of foreign policy actions as well as symbolic internal gestures that would have been unthinkable a few decades ago and that symbolize a new and more confident Japan. Japanese politicians – including Prime Minister Abe Shinzō – have adopted a new discourse depicting pacifism as a hindrance, rather than asset, to Japan’s foreign policy. Does that mean that “Japan is back”? In order to better understand the dynamics of contemporary Japan, Kolmaš joins up the dots between national identity theory and Japanese revisionism. The book shows that while political elites and a portion of the Japanese public call for re-articulation of Japan’s peaceful identity, there are still societal and institutional forces that prevent this change from entirely materializing.

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Toyoda, Tetsuya. "un Peacekeeping as the Most Presentable Part of Japan’s 2015 Peace and Security Legislation." Journal of International Peacekeeping 20, no. 1-2 (December 8, 2016): 21–36. http://dx.doi.org/10.1163/18754112-02001003.

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In September 2015, the Japanese Diet enacted a series of laws – the Peace and Security Legislation – to enable the Japan Self-Defense Force to play an enhanced role in peace deployments overseas. The enactment of the new laws was made possible by a “new” interpretation of Article 9 of the Japanese Constitution. While the main objective of the introduction of the laws was aimed at strengthening the alliance with the United States, jsdf participation in peace operations was also an important consideration politically. This article suggests that the Japanese government will now need to convince the public that the new Peace and Security Legislation is compatible with Japan’s constitutionally mandated pacifism. In light of the prospect of an expanded participation of Japan in international peace operations this will be particularly important.

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Afrah Mohammed Ali. "Employment and Labor Union Laws in Japan between the 1889 and 1946 Constitutions: A Comparative Study." Journal of the College of Education for Women 32, no. 4 (December 29, 2021): 128–42. http://dx.doi.org/10.36231/coedw.v32i4.1545.

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This research is based on the descriptive and analytical methodology. The importance of studying labor laws and labor unions in Japan between 1889 and 1946 constitutions is because Japan was out of a feudal phase, and had no idea about the factory system and industrialization in their modern sense before the Meiji era. Generally, its labor system used to be mostly familial, and the economic system was based on agriculture. This called for the enactment of legislations and laws appropriate for the coming phase in Meiji era. Thus, this paper examines the role of Meiji government in enacting labor legislations and laws when he came to power in 1896, and his new constitution in 1889 and the civil code of 1896. It further examines the way Meiji government and the following Japanese governments until the end of World War II did not abide by Meiji laws and stipulations of the constitution with their abusive actions in ending the workers’ strikes and disputes, with the inequality between genders in labor and wages, and the use of child labor in factories in an inhuman way. The paper clarifies the role of the American occupation of Japan (1945-1952) after dissolving Meiji constitution and legislations and the government measures that followed them to enact new legislations, laws and constitution for Japan on November 3, 1946, which was active in May 3, 1947. The paper has concluded that the American occupation policy of Japan was able to avoid the dissidence of millions of Japanese workers, whose level of livelihood was deteriorating after their country lost the war, and convert them from a dissident group against the occupation to a peaceful group which did not target the occupation in their future goals.

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Yung, Tim. "Keeping up with the Chinese: Constituting and Reconstituting the Anglican Church in South China, 1897–1951." Studies in Church History 56 (May 15, 2020): 383–400. http://dx.doi.org/10.1017/stc.2019.21.

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When Anglican missionaries helped to constitute the Chinese Anglican Church (Chung Hua Sheng Kung Hui) in 1912, they had a particular expectation of how the church would one day become self-supporting, self-governing and self-propagating. The first constitution crafted by missionary bishops presupposed an infant church that would require the step-by-step guidance of its parent association. However, the intended trajectory was superseded by the zeal of Chinese Christians and drastic changes in the national government of China. The constitutional basis of the Chinese Anglican Church had to be restructured fundamentally again and again due to political upheaval in republican China, the Japanese occupation and the Communist revolution. This article explores the difficulties of crafting and implementing church constitutions in China in the first half of the turbulent twentieth century. Focusing on the South China diocese, wider questions are posed about the formation of canon law in an age of extremes.

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Nash, P. T. "A More Perfect Union: Japanese Americans and the Constitution." Radical History Review 1989, no. 45 (October 1, 1989): 139–42. http://dx.doi.org/10.1215/01636545-1989-45-139.

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Van de Velde, James R. "Article nine of the postwar Japanese constitution: Codified ambiguity." Journal of Northeast Asian Studies 6, no. 1 (March 1987): 26–45. http://dx.doi.org/10.1007/bf03025135.

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Jelonek, Barbara. "Shūkyōhōjinhō oraz Nihonkokukenpō – fundamentalne podstawy prawne realizacji wolności religijnej w Japonii." Studia Gdańskie. Wizje i rzeczywistość XIV (June 3, 2018): 349–55. http://dx.doi.org/10.5604/01.3001.0015.5412.

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This paper presents the analysis of chosen Japanese legal provisions, in which the principle of religious freedom is reflected. The author discusses in details legal regulations, which form the basis of the religious freedom principle constituted by Nihonkokukenpō (Japanese Constitution) and Shūkyōhōjin-hō (Religious Corporations Act).

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Samuels, Richard J. "“New Fighting Power!” Japan's Growing Maritime Capabilities and East Asian Security." International Security 32, no. 3 (January 2008): 84–112. http://dx.doi.org/10.1162/isec.2008.32.3.84.

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Japanese leaders struggled for decades to overcome legal, political, and normative constraints on the expansion of the Self-Defense Forces so that Japan could field a robust military. Their progress was steady and significant, but slow. Now, having reframed the nature of the threat Japan faces and having borrowed creatively from the U.S. model, they have found new traction by empowering the Japan Coast Guard (JCG). Today's JCG has what its publicists, citing capabilities explicitly banned by Japan's constitution, call “New Fighting Power!” Remarkably, however, JCG modernization and expansion are being achieved without much objection from Japan's neighbors or from the domestic public. Although the JCG is not a “second navy,” it is already a fourth branch of the Japanese military. Tokyo is now able to project additional diplomatic influence as well as “fighting power.” Japan's “new fighting power” is thus greater than the sum of its military parts.

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Bronstein, Jamie. "Sowing Discontent." Pacific Historical Review 82, no. 3 (November 2012): 362–95. http://dx.doi.org/10.1525/phr.2013.82.3.362.

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In 1921 New Mexicans approved a constitutional amendment that prohibited “aliens ineligible for citizenship” from owning land in the state. Reflecting the post-World War I nationalistic fervor and its racialization of “Americanism,” the amendment targeted the state’s tiny Japanese population, partly under pressure from institutions like the Farm Bureau, the American Legion, and even the Ku Klux Klan. While some Hispanos (or Nuevomexicanos) benefited by claiming an exclusionary “Spanish American” identity, others had worked alongside and intermarried with Japanese immigrants. Yet, although some predominantly Nuevomexicano counties rejected the amendment, many Nuevomexicanos joined with their Anglo neighbors to enact this discriminatory policy, ostensibly on the grounds of protecting the state from a huge influx of foreign farmers who would displace the state’s real citizens. The discriminatory language remained in the constitution until 2006.

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Tsuji, Yuichiro. "GPS Investigations under Constitution of Japan – Comparison with the U.S Cases." International and Comparative Law Review 18, no. 1 (June 1, 2018): 179–97. http://dx.doi.org/10.2478/iclr-2018-0031.

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Summary This paper reviews GPS investigations in Japan and the United States. In 2017, the Japanese Supreme Court held that warrantless GPS search was illegal. The case reviewed in this article illustrates the boundary of permissible investigation using advanced technology and highlights the fact that rapidly developing technology challenges legal research. In the 2017 decision discussed in this paper, law enforcement challenged the permissible scope of investigating warrantless GPS searches; a challenge common in other countries, like the U.S. The U.S. Supreme Court has already decided this case in United States v. Jones decision in 2012. Both of Japanese and American decision takes similar reasoning for their decisions.

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Santoso, Ria Putri, and Anak Agung Banyu Perwita. "The Shift and Continuity of Japanese Defense Policy: Revolutionary Enough?" JAS (Journal of ASEAN Studies) 4, no. 2 (April 25, 2017): 156. http://dx.doi.org/10.21512/jas.v4i2.1906.

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The security environment in East Asia has continuously evolved, particularly, China’s maritime expansion and DPRK’s provocative behavior. Japan, with its military being limited by its Peace Constitution, has been steadily shifting its defense policy to respond to its strategic environment for the past three of its Prime Ministers: Naoto Kan, Yoshihiko Noda, and Shinzo Abe. Historical enmities, military capability, as well as territorial disputes have increased the threats of Japan’s neighbors to Tokyo’s national security. Since 2010, Japan has established a National Defense Program Guideline (NDPG), shifted its defense strategy from the Basic Defence Force (kibanteki boei ryoko) to Dynamic Defense Force (doeki boei ryoko), revised its Three Principles on Arms Exports, created the National Security Council (NSC), the National Security Strategy (NSS), and the Medium Term Defense Program (MDTP), and revised its article 9 of its Peace Constitution. While the NSC, NSS, MDTP, and article 9 are under the Abe administration, the claim that the steps Abe have undertaken to be revolutionary is in fact, a continuity from his predecessors despite coming from opposing political backgrounds. Despite of several significant changes in its defense policy, Japan still abides to its Constitution and its military is still limited.

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Hwanyong Choi. "Review of Local Government Special provisions of the Japanese Constitution." Local Government Law Journal 16, no. 1 (March 2016): 201–14. http://dx.doi.org/10.21333/lglj.2016.16.1.007.

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Yamamoto, Gunji, Mikumi Takada, Kei’ichiro Iguchi, and Mutsumi Nishida. "Genetic constitution and phylogenetic relationships of Japanese crucian carps (Carassius)." Ichthyological Research 57, no. 3 (February 11, 2010): 215–22. http://dx.doi.org/10.1007/s10228-010-0152-8.

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Puspitasari, Shinta. "East China Sea Dispute: Paving Japan’s Way to be a Stronger Nations." Andalas Journal of International Studies (AJIS) 4, no. 2 (November 1, 2015): 181. http://dx.doi.org/10.25077/ajis.4.2.181-200.2015.

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Dispute over East China Sea between two big countries in East Asia, namely China and Japan is not something new. This dispute existed since 1968 which based on historical and territorial issue. However, China and Japan dispute over this area is never been dangerous as it is now: they both use military. Both of them have tried to make an agreement over this issue; yet, it never succeeded. Thus, Japanese policymakers now think about their border. As a result, they change their defence policy to be more aggressive. This is to say, there is a change in Japan’s Self-Defence Force as well as Japan’s security policy. This move may seem as abandonement of Article 9 Showa Constitution that prohibit them to have military, and has been Japanese base in their defence policy. However, Japan Prime Minister think that this bold move is needed in addition to their stronger relationship with the US. Keywords: Japan, China, East China Sea dispute, defence policy

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Tsuji, Yuichiro. "Forced sterilization and abortion in Japan: Family and constitution." Bratislava Law Review 2, no. 2 (December 31, 2018): 50–63. http://dx.doi.org/10.46282/blr.2018.2.2.118.

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This study analyzes the ght between the Japanese judiciary and legislature. In Japan, under the ex-Eugenic Protection Act, disabled people were obligated to undergo sterilization procedures for about 20 years. This surprising Act was established in 1948 and enabled doctors to sterilize people in order to eliminate hereditary diseases; they could also perform this procedure on physically or developmentally disabled people without their consent. The 2016 Committee on the Elimination of Discrimination against Women advised that research and compensation is urgent and necessary, but the government stated that it was a legal medical operation, and no compensation was necessary. Even under concrete judicial review, the judiciary in Japan may exercise its power to provide remedies for minorities who cannot amend statutes in the political process, or their constitutional rights will be infringed upon. is study argues that even concrete judicial reviews work to prevent serious damage before it occurs. This study will use a legal approach to review the first voting rights decision, as well as several decisions that are relevant to families in Japan. Under a concrete judicial review of the Japanese constitution, a plaintiff needs to bring a dispute in law to the court and allege that the statute or administrative disposition infringes on their human rights as provided for in the constitution. If there is no statute in the case, it is very difficult for a plaintiff to compel the legislature to pass the statute. If the legislature does not function well, the judiciary is obligated to find a way to encourage the legislature or the government to provide a remedy. The judiciary cannot compel the legislature, but may show some of the steps that it follows in its decisions.

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Ji, Bao Hua. "Comparative Study on the Structure and Properties of Japanese and Self-Made Precursors." Advanced Materials Research 317-319 (August 2011): 292–96. http://dx.doi.org/10.4028/www.scientific.net/amr.317-319.292.

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In order to release the important information on the structural constitution of Japanese precursor, comparative study on structure and properties of Japanese and self-made precursors were carried out by X-ray Diffraction (XRD), infrared spectrometer (FTIR), element content analysis and the breaking tenacity. It was found that Japanese precursor contains cyano group (–CN) and may contain styrene sulfonic acid amine, while not containing the carboxyl and ester carbonyl, that is, not containing MA. The XRD pattern of Japanese precursor around 10° appears a new crystalline diffraction peak, and the crystal size becomes lower. The cross-sectional shapes of Japanese precursor are circle, with uniform and compact structure, thus its mechanical properties is superior.

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Hamamoto, Shotaro. "Recent Anti-ISDS Discourse in the Japanese Diet: A Dressed-Up But Glaring Hypocrisy." Journal of World Investment & Trade 16, no. 5-6 (November 13, 2015): 931–51. http://dx.doi.org/10.1163/22119000-01606006.

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As in many parts of the world, an anti-investor-State dispute settlement (ISDS) discourse has been propagated also in Japan. In the Japanese Diet (Japan’s parliament), ISDS is criticized as infringing State sovereignty; as being incompatible with the Japanese Constitution; as unduly restricting regulatory space and government procurement; as being biased in favor of the United States; and as being acceptable only in relation to developing States. These criticisms are difficult to sustain and in fact ineffective as investment treaties continue to be approved by the Diet by unanimity or by a large majority. An analysis of the rhetoric of these criticisms and of actual voting records suggest that investor-State arbitration itself is not an independent political issue in Japan, but used as a pretext to manifest an anti-American sentiment or to criticize the incumbent government.

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Han, Eui Suok. "Prime Minister Abe's Conception of the Revision of the Japanese Constitution." East and West Studies 30, no. 1 (March 14, 2018): 239–63. http://dx.doi.org/10.29274/ews.2018.30.1.239.

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Burkman, Thomas W., and Kyoko Inoue. "MacArthur's Japanese Constitution: A Linguistic and Cultural Study of Its Making." Monumenta Nipponica 46, no. 3 (1991): 392. http://dx.doi.org/10.2307/2385222.

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Iriye, Akira, and Kyoko Inoue. "MacArthur's Japanese Constitution: A Linguistic and Cultural Study of Its Making." American Historical Review 97, no. 3 (June 1992): 909. http://dx.doi.org/10.2307/2164900.

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Journal articles on the topic 'Japanese Constitution'

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