Constitutional Reform in Japan

Abstract

Despite the apparent stability of the Japanese constitution over the past 70 years, inherent structural tensions surrounded it from the moment of inception, due to the innovations of the document, the unfamiliar nature of many of the principles set forth within it, the manner of its adoption and the controversy over its origins. The process of remodeling an ancient and complex civilization into a society governed by U.S.-based universalist values has prompted debates on fundamental questions of national purpose and identity, and over time its structural gaps and weaknesses have been bridged by a complex mix of legislative action, bureaucratic implementation and judicial interpretation. The current debates around constitutional revision can only be fully understood through a recognition of these competing, sometimes conflicting, legacies. This article seeks to explain the origins of Japan's constitutional reform debate, presents a view of what that debate reveals about the social, political and legal tensions that the document has generated, and explores their significance to ongoing attempts to redefine Japan’s role in Asia and beyond.