| NOTA |
(★)(Japan´s postwar Constitution --the second in its history-- was promulgated in 1946 and took effect in May 1947, when the nation was still reeling in the aftermath of World War II. As a bold statement of democratic principles, respect for the rule of law, and resolve to follow a non-military policy, it provided a legal structure within which Japan could rebuild its political institutions and begin to recover from the damage of war. The new Constitution was based on the principles of popular sovereignty, individual rights, and pacifism. Though its authorship and enactment have been subjects of controversy, the postwar Constitution has weathered more than fifty years of turmoil to stand as Japan´s ultimate legal authority and as the anchor point for decades of social reform.／ In this volume, a group of leading legal scholars and political scientists examine the way the Constitution and the principles it embodies have changed the landscape of Japanese society. The Constitution placed into law the principles of individual rights to receive an education and to participate in the political process ; freedom of speech and religion ; welfare and labor rights ; equal rights for women ; judicial review and due process. Its famous Article 9 established the principle of emancipation from military competition and dedication to peaceful resolution of conflict.／ The contributors analyze the impact of constitutional principles in each of these areas and examine problems that still remain : local autonomy, full equality for women, the status of non-Japanese nationals, and the role of political parties and pressure groups.／ Taken as a whole, the essays in this volume trace Japan´s social and political evolution during the half-century since the Constitution´s adoption, and present a full portrait of Japan´s social and legal system as a new century begins.／ ◆The volume´s editor, Yoichi Higuchi, is one of Japan´s leading constitutional scholars. He is Professor Emeritus of the University of Tokyo and Professor at Waseda University. ▼CONTENTS／ ◎The 1946 Constitution : Its Meaning in the Worldwide Development of Constitutionalism (Yoichi Higuchi)／ ◎From Divine Legitimacy to the Myth of Consensus : The Emperor System and Popular Sovereignty (Katsutoshi Takami)／ ◎Constitutional Pacifism : Principle, Reality, and Perspective (Toshihiro Yamauchi)／ ◎Two Contrasting Constitutions in the Postwar World : The Making of the Japanese and the West German Constitutions (Hideo Otake)／ ◎Rights of Corporations, Rights of Individuals : Judicial Precedents (Yasuo Hasebe)／ ◎Property Rights and Their ´Raison d´etre´ in the Japanese Constitution (Kenji Yamashita)／ ◎The Struggle for Educational Freedom (Masayuki Uchino)／ ◎Constitutional Issues Concerning the Franchise (Masami Koshiji)／ ◎Women´s Rights in Law and Praxis : The Significance of Three Statistics from Politics, the Household, and Labor (Miyoko Tsujimura)／ ◎Workers´ Rights in Japanese Labor Praxis (Hideki Mori)／ ◎The Legislative Process : Outline and Actors (Mutsuo Nakamura and Teruki Tsunemoto)／ ◎The Guarantee of Local Autonomy : Traditional and Modern Constitutional Viewpoints (Yoshiaki Yoshida)／ ◎Judicial Review in Japan : An Overview of Efforts to Introduce U.S. Theories (Hidenori Tomatsu)／ ◎Supreme Court Precedents and the Lower Courts in the Exercise of Judicial Review (Toshihiko Nonaka)／ ◎Le droit francais et la theorie constitutionnelle japonaise (Hajime Yamamoto)／ ◎Deutsches Staatsrecht und Japanisches Staatsrecht (Hisao Kuriki)／ ◎Abstract Principles? Images of a Colonial Constitutionalism (Michiko Nakayama)／ ◎The Paradox of Constitutional Revisionism in Postwar Japan (Yoichi Higuchi)／) |
BASE de DATOS, Biblioteca del Centro Cultural de la Embajada de Japon
Print Page