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Japan’s Constitutional Movement And Its Development Trends

Posted on:2015-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:L X WangFull Text:PDF
GTID:2266330428978232Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
"Constitution of Japan" as part of the post-war ruins and worked out from theshadow of the failure of the Constitution, although burdened "democraticconstitution" aura, they are not self heartfelt expression, but passive and control of theUnited States based on political pressure to accept it traditional ideology of militarismbones but some of the momentum has not been possible to clear the rebound. In thiscontext, the "Constitution of Japan" in the constitutional sense, whether diplomatic orpolitical fields, have their status and influence can not be ignored, especially in Japansince World War II, six decades after the constitutional reform movement, but also hasa far-reaching intentions and role in the perspective of constitutional rights law studiesin Japanese constitutional motion precisely to clarify the historical background of theJapanese Constitution and realistic basis, to further clarify its development trend.The first part of this paper analyzes the background, significance and modify ofthe Japanese Constitution."Japanese Peace Constitution" in the development of amajor significance in Japan as a pacifist constitution, its biggest feature is the desirefor peace and the postwar aversion to war, and therefore the position and influence toestablish peace constitution, followed by is against privilege, protecting civil rightsestablished in the spirit of democracy, laying the institutional foundations for theconstruction of Japan’s postwar democracy. However, after the constitution-making sofar,"the Constitution of Japan" became modified lingering haze, this article will focuson the analysis of the four stages of the Japanese constitutional movement.The second part of the paper analyzes the reasons for Japan’s constitutionalbackground. Repeated the history of Japan ’s constitutional motion, background,although somewhat different in each occurrence, but one still has a common contextand incentives, in a way, several constitutional amendments were not accidentalmomentary rise, while conservative forces in Japan and abroad in the context of therise of joint action performance is due to a variety of factors both inside and outsidethe complex cross-product, including the Constitution and because the Japanese havetheir own reasons conservative forces, then there are external factors in the international environment and factors foreign forces.The third part of this paper analyzes the right of self-defense and proceduralissues. On the right of self-defense, the existing "Constitution of Japan" has sufficientnormative legitimacy and effectiveness of the right of self-defense, and the right toself-defense, you want to be the expansion of collective self-defense, then the SDF tobecome the IDF, the current constitution do not have the constitutionality of view, thestaff is, therefore, modify the existing constitution is dominant in this aim to achievethe expansion of the right of self-defense. On the program, according to the"Constitution of Japan" provides the necessary proposals to modify the Constitutionof Japan by the National Congress and voted.The fourth article discusses future trends and the impact of Japan’s constitutional.The trend of constitutional change in the future are modify Article IX, recognizing theright of self-defense forces and the status and legitimacy. From a practical point ofview the development of Japan’s constitutional amendment, breakthrough of ArticleIX in the future to some extent, has basically been a foregone conclusion, thegovernment and the international situation are constantly pushing their move towardthis goal, Japan strongly hopes to get rid of intention of demilitarization andself-defense rights restrictions also growing, which hopes to become a political powerand the general national, rather than being bound by a special national peaceconstitution. Japan has been developing military essence, and its military forcescontinue to develop and modify the provisions of the constitution just a matter of time,has been difficult to avoid. On the impact of the powerful East Asian countries ofJapan, especially strong constitutional concerns, closely watching their everymovement, every action in Japan will lead to controversy and discussion of its Asianneighbors. Japan had a constitutional amendment on the situation surrounding thecomplex effects which can not be separated both special complex situation in EastAsia, but also depends on the treatment history and war Japanese attitudes.
Keywords/Search Tags:Peace Constitution, Constitution Movement, The Right ofSelf-defense, Development Trends
PDF Full Text Request
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