Manipulating Constitutional, Legislative and Judicial History

Abstract

This chapter focuses on uses of history in constitutional adjudication by the Supreme Court of Japan. Although the Court seldom invokes the origins of the Japanese Constitution, the processes of its adoption, or the historical meaning of its provisions, the Court regularly makes use of other kinds of history. In particular, in reviewing the constitutionality of statutes, the Court focuses on social change and historical developments. Attention to these practices shows that the Japanese Supreme Court views history in dynamic rather than static terms.