David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jonathan Jenkins Ichikawa
Jack Alan Reynolds
Learn more about PhilPapers
We identify and document instances of “occupation constitutions,” those drafted under conditions of foreign military occupation. Not every occupation produces a constitution, and it appears that certain occupying powers have a greater propensity to encourage or force a constitution-writing process. We anticipate ex ante that occupation constitutions should be less enduring, and provide some supportive evidence to this effect. Some occupation constitutions do endure, however, and we conduct a case study of the Japanese Constitution of 1946. We argue that it had a self-enforcing quality that has allowed it to endure un-amended for over six decades. Unlike conventional understandings of that document as an American imposition that imposed foreign values, we argue that Japanese participation in the adoption process, and familiarity with some of the rights provisions that had already appeared in the Meiji Constitution, helped make the document self-enforcing. Most important of all, however, was that it embodied a political bargain that fit the basic cleavages in Japanese society.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Larry Alexander (ed.) (1998). Constitutionalism: Philosophical Foundations. Cambridge University Press.
Beau Breslin (2009). From Words to Worlds: Exploring Constitutional Functionality. Johns Hopkins University Press.
A. Arato (2010). Democratic Constitution-Making and Unfreezing the Turkish Process. Philosophy and Social Criticism 36 (3-4):473-487.
Nicholas Aroney (2009). The Constitution of a Federal Commonwealth: The Making and Meaning of the Australian Constitution. Cambridge University Press.
Austin W. Bramwell (2004). Against Originalism: Getting Over the U. S. Constitution. Critical Review 16 (4):431-453.
A. Barandalla & M. Ridge (2011). Function and Self-Constitution: How to Make Something of Yourself Without Being All That You Can Be. A Commentary on Christine Korsgaard's The Constitution of Agency and Self-Constitution. Analysis 71 (2):364-380.
Added to index2009-01-28
Total downloads2 ( #729,541 of 1,939,198 )
Recent downloads (6 months)1 ( #457,435 of 1,939,198 )
How can I increase my downloads?