Research on the Current Status of the Revision of Japanese Constitution Article 9

Abstract

A constitution sets out the most fundamental rules of a country, and the rule of law warrants the country to act in accordance with its constitutional laws. Because of the supreme status of the constitution, complicated procedures are commonly required for constitutional revision. A constitution is rarely revised unless vital; however, persistent appeals for constitutional revision in Japan have arisen since the last century. Debates revolve mainly around Article 9, also known as the "peace clause", of which Japan claims to renounce war and war potentials for international peace. Supporters contend Article 9 allows Japan to concentrate on economic development, and prevents the militarist resurgence that had victimized countless people both inside and outside Japan in World War II. Yet, dissenters tend to deem that Article 9 could hinder Japans rights to self-defense. Despite decades of efforts made by constitutional revisionists, the Japanese constitution remains unchanged since its promulgation. Therefore, a need arose for this paper to investigate the peace clause to find out why its revision has been tremendously difficult. By reviewing the interpretations and enforcement of Article 9 through secondary sources, this paper also suggests that Article 9 should indeed be revised.