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The Constitution, Human Rights and Pluralism in Japan: Alternative Visions of Constitutions Past and Future

Published online by Cambridge University Press:  14 March 2025

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Abstract

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Recent moves by the Abe administration to change the Japanese constitution may result in the most fundamental change to Japanese political life since the 1940s. Although there has been widespread debate on the possible revision of Article 9 – the constitution's Peace Clause – other profound implications of the push for constitutional change have received scant attention. This special issue edited by Tessa Morris-Suzuki and Shinnosuke Takahashi aims to take a broad view of constitutional debates in Japan today by posing two key questions: “What is the purpose of the constitution?” and “What does the constitution mean for a culturally plural and diverse society?”

Type
Research Article
Copyright
Copyright © The Authors 2018

References

Notes

1 Nan Tian, Aude Fleurant, Peter D. Wezeman and Siemon T. Wezeman, Trends in World Military Expenditure, 2016, SIPRI Fact Sheet, April 2017, p. 2., accessed 10 October 2017.

2 See, for example, “Kurōzappu 2017 – Abe Shūshō, Kaiken Hatsugen: Aete 9-jō, Yotō mo Konwaku”, Mainichi Shinbun, 4 May 2017, p. 3; Kimura Kyōko, “2020-nen Kaiken: Shiji to Fushiji no Kikkō”, Nihon Keizai Shinbun, online edition, 18 May 2017.

3 Sithanka Siripala, “Japan's Prime Minister Seeks ‘Broad-Based Agreement’ on Constitutional Revision”, The Diplomat, January 31, 2018, (accessed February 5, 2018).

4 Axel Berkofsky, A Pacific Constitution for an Armed Empire: Past and Present of Japan's Security and Defence Policies, Milan: FrancoAngeli, 2012, p. 331.

5 See Glenn D. Hook and Gavan McCormack eds., Japan's Contested Constitution: Documents and Analysis, London and New York, Routledge, 2001.

6 Michael T. Segal, “Questioning the Rationale for Changing Japan's Peace Constitution”, in Joseph A, Camilleri et al. eds., Asia-Pacific Geopolitics: Hegemony vs. Human Security, London, Edward Elgar, 2007, pp. 75-92.

7 See the Party's platform, published on 26 December 2017 (accessed 28 December 2017)

8 Kyodo, “Abe's Cabinet Approval Rating Improves, but Constitutional Reform still Unpopular, Survey Says”, Japan Times, 3 November 2017, (accessed 28 December 2017).

9 “Consensus Needed on Revising the Constitution”, Japan Times, 27 December 2017.

10 Jiyū Minshutō Kenpō Kaiei Suishin Iinkai, “Kenpō Kaisei ni kansuru Ronten Torimatome”, 20 December 2017, (accessed 28 December 2017).

11 See the Japanese and English versions of the LDP 2012 “Draft for the Amendment of the Constitution of Japan” on the website of the NGO “Voice” (accessed 29 December 2017). Some 40 countries around the world (including Japan's neighbour South Korea) allow permanent residents who are not citizens to vote in local elections, and New Zealand also allows permanent resident non-citizens to vote in national elections. In Japan, Korean and Taiwanese male colonial subjects who lived in Japan had voting rights until Japan's defeat in the Pacific War. These rights were then rescinded, and any the descendants of these colonial subjects who have not acquired Japanese citizenship are still unable to vote, even though they may be 3rd or 4th generation residents in Japan. For this reason in particular, civil society groups have campaigned for local voting rights for permanent resident non-citizens, but this is vehemently opposed by many LDP politicians.

12 Judith Pryor, Constitutions: Writing Nations, Reading Difference, London: Birkbeck Law Press, 2008.

13 See “Korea (Democratic People's Republic of Korea's Constitution of 1972 with Amendments through 1998”.

14 Arthur Stockwin and Kweku Ampiah, Rethinking Japan: The Politics of Contested Nationalism, Lanham NJ: Lexington Books, 2017, p. 196.

15 This refers to areas inhabited by groups identified as descendants of so-called “outcaste” groups as defined by the social status systems of Japan before the Meiji Era.

16 A small number of Japanese municipalities have allowed non-citizen residents to vote in local referendums, and over 1,400 have passed resolutions urging that foreign permanent residents should have the right to vote in regular local elections. However, controversy surrounds the question of whether or not the postwar constitution allows non-Japanese nationals to vote in elections for local officials, and so far the normal local franchise remains restricted to people with Japanese nationality.

17 “Hakodate ni ‘Kenpō Kafe’, Raigetsu Kaikan – Kyōkai Isshitsu Riyō: Shimin Dantai ga Kikaku”, Asahi Shinbun, 30 July 2005, p. 30.

18 “Marūku Kenpō Shirou: Wakate Bengoshira Kōza – Ocha Tsuide Shitashinde”, Asahi Shinbun, 15 April 2014, p. 39.

19 “Kenpō – Giron no mae ni Shirou: Kafe Tegaru ni 1000-kai – Bengoshi no Kōshiyaku”, Mainichi Shinbun, 4 May 2017, p. 23.