Constitutionalism and Sovereignty: On Constitutional Problems in Japan

Excerpt

The Constitution of Japan is none other than a declaration of human rights for Japanese society.—Higuchi Yōichi

1. Democracy and Constitutionalism In this paper I wish to consider the relationship between constitutionalism and sovereignty. Recent years have seen the debate about constitutional revision in Japan pushed forward by the ruling Liberal Democratic Party (LDP), and the content and methods of this debate have attracted criticism from constitutionalist perspectives. Professor Hasebe Yasuo of Waseda University, one of Japan's eminent theorists of constitutionalism, made the following remark: In my view, starting with the issue of Article 9,1 the debate on constitutional…

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