A Study Of Japan’s Constitutional Amendment From The Perspective Of National Sovereignty

On May 3,1947,the Constitution of Japan was put into effect,which established the principle of national sovereignty and subverted the Meiji Constitution based on the sovereignty of the emperor.From the point of view of sovereignty,there are both power and legitimacy in the design of the Constitution of Japan,but the concept of "national" is blurred,which makes the concept of "national" in law different from that in daily life.Through the analysis of the principle of national sovereignty and the related debates,we can see that the foundation of the principle of national sovereignty was weak.In order to contain the symbol of the Mikado system,the national sovereignty has made certain concessions in its logical composition,which makes the Japanese constitution both progressive and transitional.The theory of constitutional right is the connection between the principle of national sovereignty and the system of national voting.It was born in France,developed in Germany,and finally perfected in modern Japan.Nobuki Ashibe connects the national sovereignty with the national voting through the concept of constitutionality power.The theory of constitutionality power in the constitution shows the principle of national sovereignty,and the system shows the national voting.When the constitution is amended,the main function of the national vote is to give the constitutional amendment legitimacy.As a specific procedural provision of the National Voting System,the Law on Amending the Constitution on National Voting is formulated in terms of its lack of a minimum turnout,too short a time between the time proposed by Congress and the voting,and restrictions on the National Voting Movement and freedom of expression.It became a tool of political struggle between political parties.At present,the National Voting Law only provides formal guarantee to the citizens,which goes against the principle of national sovereignty.Because of the dual function of the peace consciousness and the sense of war crisis,the Japanese people’s affirmative attitude to the SDF and rearmament is not contradictory to their negative attitude to the revision of Article 9 of the Constitution.Therefore,in the postwar 70 years,Japan formed the fact that the Constitutionalists and the Guardians were evenly matched,and the Self-Defense Forces coexisted with Article9 of the Constitution.Under such circumstances,the Constitutional Protectionists should seek the theoretical basis of pacifism in the basic principles of the Constitution in addition to pacifism in the future.In July 2014,the Cabinet of Japan passed the resolution to amend the interpretation of the Constitution and lift the ban on the right of collective self-defense,and a written amendment to the Constitution was made again,thereby further strengthening the Japan-US military alliance.By lifting the ban on collective self-defense,the Japanese government exercised the foreign function of "using force overseas" and accelerated the pace of "normal state".Although Article 9 of the Constitution has been gradually emptied in the process of interpreting and writing constitutional amendment after the war,its existence is still of great significance.The Constitutional Research Association is a constitutional protection group formed by Japanese scholars during the period of security struggle.Its most prominent feature is that its logic of constitutional protection is not pacifism but national sovereignty.With the establishment of a new security system in Japan,it is a feasible way to prevent the Japanese government from succeeding in the constitutional amendment with the principle of national sovereignty.