Is the Japanese Constitution Suitable for the 21st Century?
One of the principal goals of the American Occupation was to craft a pluralistic constitution that would consolidate Japanese democracy in the wake of WWII. Written by US officers in a week, the Constitution incorporated progressive values and new republican institutions that transformed the structure of governance and the nature of state-society relations. After sovereignty was returned in 1952, many observers predicted that the document would be amended to better reflect Japanese priorities. However, the Constitution remains unaltered sixty years later—making it one of the oldest un-amended constitutions in existence.
Over the last decade, there has been renewed consideration of constitutional revision. The end of the Cold War and two decades of economic malaise have brought into question the viability of Japanese institutions in the 21st century. Political parties have proposed new drafts, the parliament has begun preliminary deliberations, and public support for reform has been trending upwards. Importantly, these initiatives aim to rewrite the entire document, not just make a few amendments. Given the fundamental role of the Constitution in shaping Japanese politics, society, religion, economy, and law, is revision a good idea? And even if it were, what would be the likelihood and impact of any changes?
This conference brought together an interdisciplinary group of scholars to examine the historical influence and future prospects of the Japanese Constitution. Has the document survived because its writer crafted provisions that continue to be popular with Japanese citizens? How have interpretative changes—by government and by the courts—altered the impact of the Constitution on Japanese society? How does Japan's constitution compare in its provisions and amendment processes to other democracies? Are there changes that should be made to help Japan prosper in the 21st Century?
Date: April 15, 2011
Location: Michigan League, University of Michigan
Panel 1: Social, Economic, and Political Effects of Japan's Constitution
John Haley; Professor of Law, Vanderbilt University Law School; William R. Orthwein Distinguished Professor of Law Emeritus, Washington University in St. Louis School of Law
"Comments on the Japanese Constitution in the 21st Century"
Helen Hardacre; Reischauer Institute Professor of Japanese Religions and Society, Harvard University
"Revision of Administrative Law as Shortcut to Constitutional Revision"
Panelist & Moderator:
Rieko Kage; Associate Professor, Political Science, University of Tokyo; 2010-11 Toyota Visiting Professor, CJS; Conference Co-organizer
"Who Supports Constitutional Reform?: Preliminary Evidence from JESIII" (Click on title to open presentation.)
Panel 2: The Constitution's Influence on Japan's Global Relations
Jun Saito; Assistant Professor, Political Science, Yale University
"The Japanese Constitution and Its Consequences for Economic Policy" (Click on title to open presentation.)
Richard J. Samuels; Ford International Professor of Political Science, MIT
"Making Security Legal" (Click on title to open presentation.)
Kiyoteru Tsutsui; Assistant Professor, Sociology, University of Michigan
Panel 3: Constitutional Reform—Will It Happen, and What Will Change?
Kenneth Mori McElwain; Assistant Professor, Political Science, University of Michigan; Conference Co-organizer
"Constitutional Brevity in Japan" (Click on title to open presentation.)
Chris Winkler; Senior Research Fellow, Social Science Section, German Institute for Japanese Studies Tokyo (DIJ)
"Constitutional Reform as a Symbol for Postwar Conservatism" (Click on title to open presentation.)
Mark D. West; Nippon Life Professor of Law, Associate Dean, Law School, University of Michigan