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Jurisprudence Of The Constitution Of Japan Before And After The Two Are Compared

Posted on:2010-10-26Degree:MasterType:Thesis
Country:ChinaCandidate:P Y GuoFull Text:PDF
GTID:2206360275471321Subject:Legal theory
Abstract/Summary:PDF Full Text Request
From the comparison of the New Japanese Constitution and the Old Japanese Constitution,especially the comparison of their effects after their implementation. Finally,the paper also discusses the definition of law and the purpose of law. In addition,this article makes comprehensive comparison and contrast of the New Japanese Constitution and the Old Japanese Constitution, and using the Chart to illustrate the difference of the New Japanese Constitution and the Old Japanese ConstitutionThe New Japanese Constitution,full named the Constitution of Japan Empire,was just formulated in Meiji Restoration-the nation of japan become stronger and stronger from that time on. Generally speaking, the Constitution is considerably feudal and reactionary.the Constitution stipulated in writing: The status of the supremacy of the emperor.and then, the Parliament and the government didn't play good role in the political life.In addition,the next year of the Constitution's promulgation,the nation stipulated"the system of the Military Secretary is must active duty military man",so it can continue to maintain the privileged position of the Military. Actually,the Military played special good role in the country before World War II. Japanese militarism also gradually developed under the protection of the Constitution. On the other hand, the constitution is the first one in Asia,.The constitution owns the formal provisions of the cabinet, parliament and other national institutions,and promotes the social progress to some extentThe the Old Japanese Constitution, full named the Constitution of Japan. was just formulated in U.S.occupation.It is the Constitution that is American-sponsored. The Constitution established a parliamentary system and the separation of powers, raised the rights of people,and stipulated in writing: Popular sovereignty.From that time on, Japanese society accelerated the diversification and the pace of democracy. the japan brought about rapid economic recovery and development again.In addition,in view of the history of Japanese aggression, Article IX of the Constitution expressly provided that the Japanese people renounced the right of the war foreve. The establishment of the principle of peace in the Constitution is one important feature of the Constitution. Recently,China should pay proper attention to the breakthrough of the Constitution and the strengthening of the military power.The New Japanese Constitution and the Old Japanese Constitution are nice reference to our nation. Specifically, the framework of the Japanese Congress has high reference to our national people's congress. Moreover,the Japanese will continue to revise in future to adapt to society.Then, the development of the Japanese Constitution is reference to China's Constitution and Constitutionalism.
Keywords/Search Tags:the Constitution, legal theory, comparison, the Militarism, the Pacifism, the Parliament
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