A Comparative Study Of The Peace Clauses In The Current German And Japanese Constitutions

The Constitution of Japan is known for its "complete pacifism" and "permanent pacifism" in which no armed force is maintained and war of any nature is opposed,as stated in the "Peace Clause.The " peace clause " of the Basic Law of the Federal Republic of Germany establishes Germany’s unique " human rights-based pacifism.The current constitutions of Germany and Japan,both of which were established after World War II,are also known as "peace constitutions" because of the "peace clause" in their constitutions.After World War II,the inclusion of the "peace clause" in the constitution became a choice that Germany and Japan had to face when making their constitutions,and there are many similarities and differences between the two countries with the same historical background of war in the process of constitutionmaking,the content of constitution-making,and the implementation of constitution.Therefore,this paper presents a comparative analysis of the constitution-making process,content,and implementation of the constitutions of Germany and Japan,rationalizes the constitutional history of the "peace clause" in the German and Japanese constitutions,explores the peace philosophy and development of the "peace clause" in the German and Japanese constitutions,and summarizes the "peace clause" in the German and Japanese constitutions.The value and significance of the "peace clauses" in the German and Japanese constitutions are summarized.First of all,in the process of constitution-making,Germany shows a strong "autonomy"while Japan shows a "non-autonomy".Germany was more "autonomous" in the constitutionmaking process,and after the constitution was made,people from all walks of life in Germany were more consistent in their understanding of the "peace clause" of the constitution,and there was basically no controversy surrounding the "peace clause.There is basically no controversy around the "peace clause".In contrast,Japan’s "non-autonomous" constitutional features,"constitutional imposition" has become a consistent argument for constitutional revision in Japan over the past half century.Second,in terms of constitutional content,the German Constitution’s "peace clause" is an "incomplete" "peace clause," or "broad pacifism " The "peace clause" of the Japanese Constitution is a "complete" peace clause,or "narrow pacifism," which allows for conditional war.It opposes war of any nature,including war in self-defense.The Peace Clause of the Japanese Constitution establishes the basic principles of the Japanese Constitution and serves as the foundation of constitutional values in the Japanese Constitution,but its corresponding specific rules are ambiguous.Again,in constitutional implementation,the peace clause of the German Constitution is more "stable";the peace clause of the Japanese Constitution exhibits an "instability.The peace clause of the Japanese Constitution has not been respected as a core constitutional provision,and right-wing politicians in Japan have repeatedly pointed their fingers at the peace clause of the Constitution,developing self-defense forces,lifting the ban on collective self-defense,and creating a series of unconstitutional facts in an attempt to turn the peace clause of the Constitution into an "empty paper" step by step,while intending to amend the Constitution.The German constitution is more "stable" because of its "moderate and conservative pacifism",and the rules corresponding to the peace clause of the German constitution are clearer than those of the Japanese constitution,and are more feasible because of their smooth connection in the domestic legal system.Finally,"pacifism" is a positive and good value that can be recognized and supported by people all over the world.The inclusion of the "peace clause" in the Constitution has positive significance for world peace and development.Our country has creatively put forward the idea of "community of human destiny",which shows that there is no other era where the destiny of human beings is as interdependent and interdependent as it is today.The Constitution promotes the peaceful development of the world,and the system ensures the implementation of the concept of peace,so that peace becomes the basic national will of all countries.The inclusion of the "peace clause" in the Constitution and the establishment of "peace constitutions" in all countries of the world are institutional guarantees for the peaceful development of the world today.