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110-755: There are the post-occupation U.S. military stationed in Japan under the U.S.-Japan Mutual Cooperation and Security Treaty and Japan Self-Defense Forces (JSDF) which was founded in 1954 as de facto postwar Japanese military. Prime Minister Shinzo Abe approved a reinterpretation which gave more powers to the JSDF in 2014, which was made official in 2015 . The full text of the article in Japanese: 第二章　戦争の放棄 第九条 　日本国民は、正義と秩序を基調とする国際平和を誠実に希求し、国権の発動たる戦争と、武力による威嚇又は武力の行使は、国際紛争を解決する手段としては、永久にこれを放棄する。 ②　前項の目的を達するため、陸海空軍その他の戦力は、これを保持しない。国の交戦権は、これを認めない。 The official English translation of

220-448: A quorum and deliberations are in public unless at least two-thirds of those present agree otherwise. Each house elects its own presiding officer who casts the deciding vote in the event of a tie. The Diet has parliamentary immunity . Members of each house have certain protections against arrest while the Diet is in session and arrested members must be released during the term of the session if

330-503: A 2020 deadline for revising Article 9, which would legitimize the JSDF in the Constitution. Abe retired in 2020 due to health problems without revising Article 9. Article 9 of the Constitution of Japan is best understood as having three distinct elements: (1) a provision that prohibits the use of force (paragraph one); (2) a provision that prohibits the maintenance of armed forces or "other war potential" (paragraph two, clause one); and (3)

440-622: A bill must be first passed by both houses of the Diet and then promulgated by the Emperor . This role of the Emperor is similar to the Royal Assent in some other nations; however, the Emperor cannot refuse to promulgate a law and therefore his legislative role is merely a formality. The House of Representatives is the more powerful chamber of the Diet. While the House of Representatives cannot usually overrule

550-455: A constitutional amendment to reduce or abolish restrictions imposed by Article 9. On 7 September 2018, candidate in the 2018 LDP Leadership Election , Shigeru Ishiba criticized Shinzo Abe for shifting his stance on Article 9 revision. Ishiba advocates the removal of Paragraph 2 of Article 9 which denies Japan's "right of belligerency." This is based on a LDP draft of changes for the law in 2012. In May 2017, Abe changed his stance to keep both

660-467: A denial of the rights of belligerency. It is helpful to keep these distinct elements in mind in considering the operation and effect of Article 9. Paragraph one, which prohibits the use of force has been highly effective in constraining Japanese foreign policy, with the result that Japan has not used force or been engaged in armed conflict since the promulgation of the Constitution. During the Gulf War of 1991,

770-406: A different method; the main difference between the houses is in the sizes of the two groups and how they are elected. Voters are also asked to cast two votes: one for an individual candidate in a constituency, and one for a party list. Any national of Japan at least 18 years of age may vote in these elections, reduced from age 20 in 2016. Japan's parallel voting system ( mixed-member majoritarian )

880-408: A larger share of the burden of defense of the western Pacific . (Japan has a guideline of a limit of 1% of GDP on defense spending; Japan defines a number of activities as non-defense spending.) Given these circumstances, some have viewed Article 9 as increasingly irrelevant. It has remained an important brake on the growth of Japan's military capabilities. Despite the fading of bitter wartime memories,

990-480: A manifestation of long-standing anti-Japanese sentiments . Several cordial visits between Prime Minister Yasuhiro Nakasone and U.S. President Ronald Reagan were aimed at improving relations between their countries. Nakasone's more strident position on Japanese defense issues made him popular with some United States officials but not, generally, in Japan or among Asian neighbors. Although his characterization of Japan as an " unsinkable aircraft carrier ", his noting

1100-681: A military ally against communism in the Pacific. There was a desire on the part of the United States occupation forces for Japan to take a more active military role in the struggle against communism during the Cold War . If Article 9 is looked upon as a motion to abolish war as an institution—as envisaged in the 1961 McCloy–Zorin Accords —then the Korean crisis was the first opportunity for another country to second

1210-506: A new basis in 1955 focused on trade. Japan's biggest postwar political crisis took place in 1960 over the revision of the Japan-United States Mutual Security Assistance Pact. As the new Treaty of Mutual Cooperation and Security was concluded, which renewed the United States role as military protector of Japan, massive street protests and political upheaval occurred, and the cabinet resigned a month after

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1320-560: A new low in popular support. As he moved into his second term, Nakasone thus held a strong position in the Diet and the nation. Despite being found guilty of bribery in 1983, Tanaka in the early-to-mid-1980s remained a power behind the scenes through his control of the party's informal apparatus, and he continued as an influential adviser to the more internationally minded Nakasone. The end of Nakasone's tenure as prime minister in October 1987 (his second two-year term had been extended for one year)

1430-399: A new type of industrial development as the economy opened itself to international competition in some industries and developed heavy and chemical manufactures. Whereas textiles and light manufactures maintained their profitability internationally, other products, such as automobiles, electronics, ships, and machine tools assumed new importance. The value added to manufacturing and mining grew at

1540-435: A permanent institution is abolished. There shall be the necessary police forces for surveillance and the preservation of the public order. Military forces may only be organized under a continental agreement or for the national defense; in either case, they shall always be subordinate to the civil power: they may not deliberate or make statements or representations individually or collectively. The German Constitution emphasizes

1650-470: A proposed nationwide general strike was forbidden in 1947. After 1970, union membership declined in both Japan and the United States. According to Wythe Holt, in both countries workers had adopted consumer lifestyle and have gained the education needed to move out of blue collar jobs. Furthermore, there has been frustration with the top-down, bureaucratic management by union leaders who seem to show little interest in

1760-500: A record high at 3.2%, bankruptcies were rife, and there was political rancor over LDP-proposed tax reform. In the summer of 1987, economic indicators showed signs of recovery, but on October 20, 1987, the same day Nakasone officially named his successor, Noboru Takeshita , the Tokyo Stock Market crashed. Japan's economy and its political system had reached a watershed in their postwar development that would continue to play out into

1870-477: A result of these early conflicts, public opinion of politicians was not favorable. The Imperial Diet consisted of a House of Representatives and a House of Peers ( 貴族院 , Kizoku-in ) . The House of Representatives was directly elected, if on a limited franchise; universal adult male suffrage was introduced in 1925 when the Universal Manhood Suffrage Law was passed, but excluded women, and

1980-405: A secret ballot. It also insists that the electoral law must not discriminate in terms of "race, creed, sex, social status, family origin, education, property or income". Generally, the election of Diet members is controlled by statutes passed by the Diet. This is a source of contention concerning re-apportionment of prefectures' seats in response to changes of population distribution. For example,

2090-503: A speech, he called for abolishing Article 9, saying if Japan were to become a: "respectable member (of) the community of nations it would first have to revise its constitution and rearm: If Japan is alone in renouncing war ... she will not be able to prevent others from invading her land. If, on the other hand, Japan could defend herself, there would be no further need of keeping United States garrison forces in Japan. ... Japan should be strong enough to defend herself." In May 2007,

2200-448: A tale scopo. English translation: Italy repudiates war as an instrument offending the liberty of the peoples and as a means for settling international disputes; it agrees to limitations of sovereignty where they are necessary to allow for a legal system of peace and justice between nations, provided the principle of reciprocity is guaranteed; it promotes and encourages international organizations furthering such ends. The Article 12 of

2310-402: Is no longer acceptable." The officer stated that Japan needs to rethink its rejection of offensive weapons and that the government should discuss it with the public. The officer said that the government of Japan should inform the public about the threats of China and North Korea. A constitutional amendment would require a two-thirds majority and pass referendum to effect it (as per Article 96 of

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2420-420: Is not to be confused with the mixed-member proportional systems used in many other nations. The Constitution of Japan does not specify the number of members of each house of the Diet, the voting system, or the necessary qualifications of those who may vote or be returned in parliamentary elections , thus allowing all of these things to be determined by law. However it does guarantee universal adult suffrage and

2530-552: Is the national legislature of Japan . It is composed of a lower house, called the House of Representatives ( 衆議院 , Shūgiin ), and an upper house, the House of Councillors ( 参議院 , Sangiin ). Both houses are directly elected under a parallel voting system . In addition to passing laws, the Diet is formally responsible for nominating the Prime Minister . The Diet was first established as

2640-414: Is within the nation's right to have the capacity to defend itself. Scholars have also discussed "constitutional transformation ... [which] occurs when a constitutional provision has lost its effectiveness but has been replaced by a new meaning". The use of private military companies is also ambiguous in nature and subjected to various interpretations. The Liberal Democratic Party has advocated changing

2750-665: The Cabinet Legislation Bureau of the government, as well as to the ruling party. Japan's first modern legislature was the Imperial Diet ( 帝国議会 , Teikoku-gikai ) established by the Meiji Constitution in force from 1889 to 1947. The Meiji Constitution was adopted on February 11, 1889, and the Imperial Diet first met on November 29, 1890, when the document entered into force. The first Imperial Diet of 1890

2860-580: The Constitution describes the National Diet as "the highest organ of State power" and "the sole law-making organ of the State". This statement is in forceful contrast to the Meiji Constitution , which described the Emperor as the one who exercised legislative power with the consent of the Diet. The Diet's responsibilities include not only the making of laws but also the approval of the annual national budget that

2970-505: The Government of Japan does not renounce the right (to have power) of self-defence because of this amendment. The article was endorsed by the Imperial Diet of Japan on 3 November 1946. Kades later made statements, like MacArthur at a time when the U.S. was trying to get Japan to rearm, that suggested he had initially rejected the proposed language that prohibited Japan's use of force "for its own security", believing that self-preservation

3080-579: The Gulf War of 1990, or lack of involvement, has provoked significant criticism. Despite U.S. pressure on Japan to assist America in Iraq, Japan limited their involvement in the war to financial contribution primarily because of domestic opposition to the deployment of troops. As a result of the painfully ardent disapproval from the U.S. during the Gulf War, Japan was quick to act after the September 11 attacks in 2001. It

3190-636: The Habomai Islands (northeast of Hokkaido), which were seized by the Soviet Union shortly after Japan's World War II surrender. Under the premiership of Kakuei Tanaka (1972–74), Japan took a stronger but still low-key stance by steadily increasing its defense spending and easing trade frictions with the United States. Tanaka's administration was also characterized by high-level talks with United States, Soviet , and Chinese leaders, if with mixed results. His visits to Indonesia and Thailand prompted riots,

3300-750: The Japan-United States Mutual Security Assistance Pact . By the late 1970s, the Komeito and the Democratic Socialist Party had come to accept the Treaty of Mutual Cooperation and Security, and the Democratic Socialist Party even came to support a small defense buildup. The Japan Socialist Party, too, was forced to abandon its once strict antimilitary stance. The United States kept up pressure on Japan to increase its defense spending above 1% of its GNP, engendering much debate in

3410-598: The Kurokawa decision of 1976, invalidating an election in which one district in Hyōgo Prefecture received five times the representation of another district in Osaka Prefecture . In recent elections the malapportionment ratio amounted to 4.8 in the House of Councillors (census 2005: Ōsaka/Tottori; election 2007: Kanagawa/Tottori ) and 2.3 in the House of Representatives (election 2009: Chiba 4/Kōchi 3). Candidates for

Article 9 of the Japanese Constitution - Misplaced Pages Continue

3520-696: The Liberal Democratic and Komeito Party) approved a reinterpretation of Article 9. This reinterpretation allows Japan to exercise the right of "collective self-defense" in some instances and to engage in military action if one of its allies were to be attacked. The Japanese National Diet made the reinterpretation official in September 2015 by enacting a series of laws allowing the Japan Self-Defense Forces to provide material support to allies engaged in combat internationally. The stated justification

3630-592: The Liberal Democratic Party had controlled Japan for most of its post-war history, and it gained much of its support from rural areas. During the post-war era, large numbers of people were relocating to the urban centers in the seeking of wealth; though some re-apportionments have been made to the number of each prefecture's assigned seats in the Diet, rural areas generally have more representation than do urban areas. The Supreme Court of Japan began exercising judicial review of apportionment laws following

3740-581: The National Diet to change the Constitution, despite it having a supermajority with Komeito from 2005 to 2009 and from 2012 to the present day. The opposing party, the Constitutional Democratic Party of Japan , tends to concur with the LDP's interpretation. At the same time, both parties have advocated the revision of Article 9 by adding an extra clause explicitly authorizing the use of force for

3850-683: The Republic of China after World War II, and cordial relations were maintained with the nationalist government when it was exiled to Taiwan , a policy that won Japan the enmity of the People's Republic of China, which was established in 1949. After the general warming of relations between China and Western countries, especially the United States, which shocked Japan with its sudden rapprochement with Beijing in 1971 (the Ping Pong Diplomacy ), Tokyo established relations with Beijing in 1972. Close cooperation in

3960-623: The Second World War , Japan established itself as a global economic power at peace with the world after the Allied-occupation ended on 28 April 1952 by the Treaty of San Francisco . In terms of political power it was more reluctant, especially in the nonuse of military force. The post-war constitution of 1947 included Article 9 , which restricted Japan from having a military force and engaging in war. However, it has operated military forces in

4070-522: The advice of the Cabinet . In an emergency the Cabinet can convoke the Diet for an extraordinary session, and an extraordinary session may be requested by one-quarter of the members of either house. At the beginning of each parliamentary session, the Emperor reads a special speech from his throne in the chamber of the House of Councillors. The presence of one-third of the membership of either house constitutes

4180-485: The "common destiny" of Japan and the United States, and his calling for revisions to Article 9 of the Constitution (which renounced war as the sovereign right of the nation), among other prorearmament statements, produced negative reactions at home and abroad, a gradual acceptance emerged of the Self-Defense Forces and the mutual security treaty with the United States in the mid-1980s. Another issue in relations with

4290-574: The 1990s, there has been a shift away from a stance that would tolerate no alteration of the article to allowing a revision that would resolve the discord between the JSDF and Article 9. Additionally, quite a few citizens consider that Japan should allow itself to commit the Japan Self-Defense Forces to collective defense efforts, like those agreed to on the UN Security Council in the Gulf War , for instance. Japan's ability to "engage in collective defense" has been argued. The involvement of Japan in

4400-573: The 1990s. The early post-war years were devoted to rebuilding lost industrial capacity: major investments were made in electric power, coal, steel, and chemicals. By the mid-1950s, production matched prewar levels. Released from the demands of military-dominated government, the economy not only recovered its lost momentum but also surpassed the growth rates of earlier periods. Between 1953 and 1965, GDP expanded by more than 9% per year, manufacturing and mining by 13%, construction by 11%, and infrastructure by 12%. In 1965 these sectors employed more than 41% of

4510-615: The Allied Supreme Commander Douglas MacArthur (in statements made at a time when the U.S. was trying to get Japan to re-arm), the provision was suggested by Prime Minister Kijūrō Shidehara , who "wanted it to prohibit any military establishment for Japan—any military establishment whatsoever". Shidehara's perspective was that retention of arms would be "meaningless" for the Japanese in the post-war era, because any substandard post-war military would no longer gain

Article 9 of the Japanese Constitution - Misplaced Pages Continue

4620-596: The Constitution and Article 9 amended. The Allied occupation ended on 28 April 1952, when the terms of the Treaty of San Francisco went into effect. By the terms of the treaty, Japan regained its sovereignty , but lost many of its possessions from before World War II, including Korea (by 1948, divided into the Republic of Korea (South Korea) and the Democratic People's Republic of Korea (North Korea), Taiwan (the Kuomintang led by Chiang Kai-shek , retreated to

4730-494: The Constitution of Costa Rica enacted in 1949 establishes: Se proscribe el Ejército como institución permanente. Para la vigilancia y conservación del orden público, habrá las fuerzas de policía necesarias. Sólo por convenio continental o para la defensa nacional podrán organizarse fuerzas militares; unas y otras estarán siempre subordinadas al poder civil; no podrán deliberar, ni hacer manifestaciones o declaraciones en forma individual o colectiva. English translation: The Army as

4840-771: The Constitution". He later responded to the JSP's constitutionality claims by stating that the NSF had no true war potential in the modern era. In 1954, the National Safety Agency became the Japan Defense Agency (now Ministry of Defense ), and the National Police Reserve became the Japan Self-Defense Forces ( 自衛隊 , Jieitai ) . In practice, the Japan Self-Defense Forces (JSDF) are very well equipped and

4950-517: The Diet and the Emperor. This meant that while the Emperor could no longer legislate by decree he still had a veto over the Diet. The Emperor also had complete freedom in choosing the Prime Minister and the Cabinet, and so, under the Meiji Constitution, Prime Ministers often were not chosen from and did not enjoy the confidence of the Diet. The Imperial Diet was also limited in its control over

5060-429: The Diet if the House of Representatives passes a motion of no confidence introduced by fifty members of the House of Representatives. Government officials, including the Prime Minister and Cabinet members , are required to appear before Diet investigative committees and answer inquiries. The Diet also has the power to impeach judges convicted of criminal or irregular conduct. In most circumstances, in order to become law

5170-471: The Diet's ratification of the treaty. Thereafter, political turmoil subsided. Japanese views of the United States, after years of mass protests over nuclear armaments and the mutual defense pact, improved by 1968 and 1972 respectively, with the reversion of United States-occupied Nanpō and Ryukyu Islands to Japanese sovereignty and the winding down of the Vietnam War . Japan had reestablished relations with

5280-515: The Diet, with most opposition coming not from minority parties or public opinion but from budget-conscious officials in the Ministry of Finance . Prime Minister Kakuei Tanaka was forced to resign in 1974 because of his alleged connection to financial scandals and, in the face of charges of involvement in the Lockheed bribery scandal, he was arrested and jailed briefly in 1976. The fractious politics of

5390-511: The German Article 24, which was incorporated in the post-war German Constitution , and which provides for delegating or limiting sovereign powers in favor of collective security, Article 9 was added to the 1947 constitution during the occupation that lasted until 28 April 1952 following the defeat of Japan in the World War II . The source of the pacifist clause is disputed. According to

5500-418: The House demands. They are immune outside the house for words spoken and votes cast in the House. Each house of the Diet determines its own standing orders and has responsibility for disciplining its own members. A member may be expelled, but only by a two-thirds majority vote. Every member of the Cabinet has the right to appear in either house of the Diet for the purpose of speaking on bills, and each house has

5610-492: The House of Councillors on a bill, the House of Councillors can only delay the adoption of a budget or a treaty that has been approved by the House of Representatives, and the House of Councillors has almost no power at all to prevent the lower house from selecting any Prime Minister it wishes. Furthermore, once appointed it is the confidence of the House of Representatives alone that the Prime Minister must enjoy in order to continue in office. The House of Representatives can overrule

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5720-562: The Imperial Diet in 1890 under the Meiji Constitution , and took its current form in 1947 upon the adoption of the post-war constitution . Both houses meet in the National Diet Building ( 国会議事堂 , Kokkai-gijidō ) in Nagatachō , Chiyoda , Tokyo . The houses of the National Diet are both elected under parallel voting systems. This means that the seats to be filled in any given election are divided into two groups, each elected by

5830-462: The JSDF was created, "since the capability of the JSDF was inadequate to sustain a modern war, it was not war potential". Seemingly, the Japanese government has looked for loopholes in the wording of the peace clause and the "constitutionality of the Japanese military has been challenged numerous times". Some Japanese people believe that Japan should be truly pacifist and claim that the JSDF is unconstitutional. The Supreme Court, however, has ruled that it

5940-1154: The Japanese Constitution ). Despite numerous attempts by the LDP to change Article 9, they have never been able to achieve the large majority required, as revision is opposed by a number of Japanese political parties, including the DPJ and the Japanese Communist Party . In the Italian Constitution Article 11 is similar to the Japanese analogue, but the use of military forces is permitted for self-defense (articles 52 and 78) and also for peace-keeping purposes, if agreed with international organizations: Italian: L'Italia ripudia la guerra come strumento di offesa alla libertà degli altri popoli e come mezzo di risoluzione delle controversie internazionali; consente, in condizioni di parità con gli altri Stati, alle limitazioni di sovranità necessarie ad un ordinamento che assicuri la pace e la giustizia fra le Nazioni; promuove e favorisce le organizzazioni internazionali rivolte

6050-698: The Japanese motion and embark on the transition toward a true system of collective security under the United Nations . In fact, however, in 1950, following the outbreak of the Korean War , the U.S. 24th Infantry Division was pulled out of Japan and sent to fight on the front lines in Korea, and so Japan was left without any armed protection. MacArthur ordered the creation of a 75,000-strong National Police Reserve ( 警察予備隊 , Keisatsu yobitai ) to maintain order in Japan and repel any possible invasion from outside. The NPR

6160-576: The LDP hindered consensus in the Diet in the late 1970s. The sudden death of Prime Minister Masayoshi Ohira just before the June 1980 elections, however, brought out a sympathy vote for the party and gave the new prime minister, Zenko Suzuki , a working majority. Suzuki was soon swept up in a controversy over the publication of a textbook that appeared to many as a whitewash of Japanese aggression in World War II. This incident, and serious fiscal problems, caused

6270-627: The Suzuki cabinet, composed of numerous LDP factions, to fall. Yasuhiro Nakasone , a conservative backed by the still-powerful Tanaka and Suzuki factions who once served as director general of the Defense Agency , became prime minister in November 1982. In November 1984, Nakasone was chosen for a second term as LDP president. His cabinet received an unusually high rating, a 50% favorable response in polling during his first term, while opposition parties reached

6380-625: The U.S. was Japan's growing trade surplus, which reached record heights during Nakasone's first term. The United States pressured Japan to remedy the imbalance, demanding that Tokyo raise the value of the yen and open its markets further to facilitate more imports from the United States. Because the Japanese government aids and protects its key industries, it was accused of creating an unfair competitive advantage. Tokyo agreed to try to resolve these problems but generally defended its industrial policies and made concessions on trade restrictions very reluctantly. Japan continued to experience Westernization in

6490-431: The article is: Article 9. Aspiring sincerely to an international peace based on justice and order, the Japanese people forever renounce war as a sovereign right of the nation and the threat or use of force as means of settling international disputes. In order to accomplish the aim of the preceding paragraph, land, sea, and air forces, as well as other war potential, will never be maintained. The right of belligerency of

6600-455: The aspirations of the workers. Despite its central position in the world economy, Japan has played a modest role in global politics for much of the postwar period. The 1950s were largely marked by Japan re-establishing relations to numerous nations and redefining its international role, e.g., by joining the United Nations in 1956. One such total redefinition were Japan's relations to its former World War II-ally Germany , which were put on

6710-451: The budget. However, the Diet could veto the annual budget. If no budget was approved, the budget of the previous year continued in force. This changed with the new constitution after World War II. The proportional representation system for the House of Councillors, introduced in 1982, was the first major electoral reform under the post-war constitution. Instead of choosing national constituency candidates as individuals, as had previously been

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6820-407: The case, voters cast ballots for parties. Individual councillors, listed officially by the parties before the election, are selected on the basis of the parties' proportions of the total national constituency vote. The system was introduced to reduce the excessive money spent by candidates for the national constituencies. Critics charged, however, that this new system benefited the two largest parties,

6930-602: The containment of the Soviet Union and Communist China, and the support for organized labor in Japan. Continual fragmentation of parties and a succession of minority governments led conservative forces to merge the Liberal Party (Jiyuto) with the Japan Democratic Party (Nihon Minshuto), an offshoot of the earlier Democratic Party, to form the Liberal Democratic Party (Jiyu-Minshuto; LDP) in November 1955. This party continuously held power from 1955 through 1993, when it

7040-399: The context of Article 9 since 1955, when Article 9 was interpreted as renouncing the use of warfare in international disputes but not the internal use of force for the purpose of maintaining law and order. The LDP's longtime coalition partner Komeito have long opposed changing the context of Article 9. The LDP have never had the necessary supermajority (two-thirds of votes in both Houses) in

7150-492: The country. These practices, coupled with a reliance on the United States for defense, allowed Japan's economy to increase exponentially during the Cold War . By 1980, many Japanese products, particularly automobiles and electronics, were being exported around the world, and Japan's industrial sector was the second-largest in the world after the U.S. This growth pattern stagnated after 1991. The 1964 Summer Olympics in Tokyo marked

7260-500: The dispatch of JSDF troops to Iraq and to confirm the unconstitutionality of such a dispatch", though the troops sent to Iraq were not sent for combat but for humanitarian aid. Japan has actively built U.S.-Japan relations precisely because of Article 9 and Japan's inability to engage in an offensive war. It has been debated that, "when [Koizumi] declared support for the U.S.-led war on Iraq in March 2003, and when he sent Japanese forces to aid

7370-589: The economic sphere followed. Japan's relations with the Soviet Union continued to be problematic after the war, but a Joint Declaration between Japan and the USSR, ending the war and reestablishing diplomatic relations was signed October 19, 1956. The main object of dispute was the Soviet occupation of what Japan calls its Northern Territories, the two most southerly islands in the Kurils ( Iturup and Kunashiri ) and Shikotan and

7480-399: The first and second paragraph of article 9 while adding a reference to the Japan Self-Defense Forces. In January 2019, then-Prime Minister Shinzo Abe said in the National Diet that long-range cruise missiles are not banned under Article 9 of the Constitution. On 21 October 2019 a senior U.S. military officer in Tokyo said that "Japan’s avoidance of offensive weaponry under its constitution

7590-640: The freedom to engage in international defence blocs. Japan did this on the same day it signed the San Francisco Treaty: The U.S. insisted, and Prime Minister Shigeru Yoshida agreed, to a treaty that allowed the American military to continue their use of bases in Japan. Even before Japan regained full sovereignty, the government had rehabilitated nearly 80,000 people who had been purged, many of whom returned to their former political and government positions. A debate over limitations on military spending and

7700-423: The general public, according to opinion polls, continued to show strong support for this constitutional provision. The different views can be clearly organized into four categories: Evidently, opinions range from one extreme of pacifism, to the other extreme of nationalism and complete remilitarization. The majority of Japanese citizens approve the spirit of Article 9 and consider it personally important. But since

7810-532: The government of Japan sought to join the U.S. coalition formed to drive Iraq out of Kuwait, but was informed by the Director of the Cabinet Legislation Bureau that doing so would constitute a use of force in violation of Article 9 paragraph one - so Japan was limited to providing financial assistance. The second element of Article 9, which prohibits Japan from maintaining an army , navy or air force , has been highly controversial, and arguably less effective in shaping policy. From one perspective, one implication of

7920-460: The government submits and the ratification of treaties. It can also initiate draft constitutional amendments, which, if approved, must be presented to the people in a referendum. The Diet may conduct "investigations in relation to government" (Article 62). The Prime Minister must be designated by Diet resolution, establishing the principle of legislative supremacy over executive government agencies (Article 67). The government can also be dissolved by

8030-610: The inclusion of Article 9 was mainly brought about by the members of the Government Section of the Supreme Commander for the Allied Powers , especially Charles Kades , one of Douglas MacArthur 's closest associates. There is, however, another theory by constitutional scholar Toshiyoshi Miyazawa, which is supported by significant evidence provided by other historians, that the idea came from MacArthur himself and that Shidehara

8140-703: The island after losing control over mainland China to Mao 's CCP in the Chinese Civil War , leading to the establishment of the People's Republic of China ) and Sakhalin (regained by the Soviet Union and now under Russian jurisdiction). It also lost control over a number of small islands in the Pacific which it administered as League of Nations Mandates, such as the Marianas and the Marshalls . The new treaty also gave Japan

8250-438: The labor force, whereas only 26% remained in agriculture. Japan's highly acclaimed post-war education system contributed strongly to the modernizing process. The world's highest literacy rate and high education standards were major reasons for Japan's success in achieving a technologically advanced economy. Japanese schools also encouraged discipline, another benefit in forming an effective work force. The mid-1960s ushered in

8360-418: The late 1990s, Article 9 has been the central feature of a dispute over the ability of Japan to undertake multilateral military commitments overseas. During the late 1980s, increases in government appropriations for the JSDF averaged more than 5% per year. By 1990 Japan was ranked third, behind the then- Soviet Union and the United States, in total defense expenditures, and the United States urged Japan to assume

8470-467: The lower house must be 25 years old or older and 30 years or older for the upper house. All candidates must be Japanese nationals. Under Article 49 of Japan's Constitution, Diet members are paid about ¥1.3 million a month in salary. Each lawmaker is entitled to employ three secretaries with taxpayer funds, free Shinkansen tickets, and four round-trip airplane tickets a month to enable them to travel back and forth to their home districts. Article 41 of

8580-455: The maritime forces are considered to be stronger than the navies of some of Japan's neighbors. The Supreme Court of Japan has reinforced the constitutionality of armed self-defense in several major rulings, most notably the Sunakawa Case of 1959, which upheld the legality of the then-current U.S.–Japan Security Treaty . In July 2014, Prime Minister Shinzo Abe ( coalition government of

8690-656: The obligations of International Law as being part of the federal law and taking precedence above subconstitutional law - although not above constitutional law (Art. 25 GG). It also forbids international acts of aggression, including offensive wars, stating in Article 26, Section 1: Handlungen, die geeignet sind und in der Absicht vorgenommen werden, das friedliche Zusammenleben der Völker zu stören, insbesondere die Führung eines Angriffskrieges vorzubereiten, sind verfassungswidrig. Sie sind unter Strafe zu stellen. English Translation: Acts tending to and undertaken with intent to disturb

8800-732: The occupation brought with them stories and artifacts, and the following generations of U.S. troops in Japan contributed to a steady trickle of martial arts and other culture from the country. National Diet Opposition (92) Unaffiliated (9) Vacant (8) Opposition (242) Unaffiliated (2) Naruhito [REDACTED] Fumihito [REDACTED] Shigeru Ishiba ( LDP ) Second Ishiba Cabinet ( LDP – Komeito coalition ) [REDACTED] [REDACTED] Fukushiro Nukaga Kōichirō Genba [REDACTED] Masakazu Sekiguchi Hiroyuki Nagahama Saburo Tokura Kazuo Ueda The National Diet ( Japanese : 国会 , Hepburn : Kokkai )

8910-476: The occupation in January 2004, it was not Iraq that was in the Japanese sights so much as North Korea". Japan's unstable relations with North Korea , as well as other neighboring Asian countries has forced Japan to batter and bend Article 9 to "permit an increasingly expansive interpretation" of the constitution in the hopes of guaranteeing U.S. support in these relations. Former Prime Minister Nobusuke Kishi said in

9020-522: The peaceful relations between nations, especially to prepare for a war of aggression, shall be unconstitutional. They shall be criminalised. Postwar Japan Postwar Japan is the period in Japanese history beginning with the surrender of Japan to the Allies of World War II on 2 September 1945, and lasting at least until the end of the Shōwa era in 1989. Despite the massive devastation it suffered in

9130-709: The postwar era, much of which came about during the occupation, when American soldiers were a common sight in many parts of the country. American music and movies became popular, spurring a generation of Japanese artists who built on both Western and Japanese influences. During this period, Japan also began to emerge as an exporter of culture. Young people across the world began consuming kaiju (monster) movies, anime (animation), manga (comic books), and other modern Japanese culture. Japanese authors such as Yasunari Kawabata and Yukio Mishima became popular literary figures in America and Europe. American soldiers returning from

9240-458: The provision is that in strictly legal terms, the Japan Self-Defense Forces are not land, sea or air forces, but are extensions of the national police force. This has had broad implications for foreign, security and defense policy. According to the Japanese government, " 'war potential' in paragraph two means force exceeding a minimum level necessary for self-defense. Anything at or below that level does not constitute war potential." Apparently when

9350-402: The purpose of self-defense against aggression directed against the Japanese nation. The Japan Socialist Party , on the other hand, had considered the JSDF as unconstitutional and advocated the full implementation of Article 9 through the demilitarization of Japan. When the party joined with the LDP to form a coalition government, it reversed its position and recognized the JSDF as a structure that

9460-542: The quadrupling of oil prices by the Organization of the Petroleum Exporting Countries (OPEC) in 1973. Almost completely dependent on imports for petroleum, Japan experienced its first recession since World War II. Labor unions had been destroyed by the government by 1940. The American occupation forces, reflecting their New Deal American values, supported a revival. Communist unions were included, although

9570-496: The rate of 17% per year between 1965 and 1970. Growth rates moderated to about 8% and evened out between the industrial and service sectors between 1970 and 1973, as retail trade, finance, real estate, information technology, and other service industries streamlined their operations. The LDP government, through institutions such as Ministry of International Trade and Industry (MITI), encouraged Japanese industrial development overseas while restricting foreign companies' business within

9680-519: The re-emergence of Japan in the international arena: Japan's postwar development was showcased through innovations such as the Shinkansen high-speed rail network. In 1968, the first modern office skyscraper called the Kasumigaseki Building was built in Japan. It has 36 floors and is 156 meters high. The high economic growth and political tranquillity of the mid-to-late 1960s were tempered by

9790-440: The respect of the people, and would actually cause people to obsess with the subject of rearming Japan. Shidehara admitted to his authorship in his memoirs Gaikō Gojū-Nen ( Fifty Years' Diplomacy ), published in 1951, where he described how the idea came to him on a train journey to Tokyo; MacArthur himself confirmed Shidehara's authorship on several occasions. However, according to some interpretations, he denied having done so, and

9900-522: The right to compel the appearance of Cabinet members. The vast majority of bills are submitted to the Diet by the Cabinet. Bills are usually drafted by the relevant ministry, sometimes with the advice of an external committee if the issue is sufficiently important or neutrality is necessary. Such advisory committees may include university professors, trade union representatives, industry representatives, and local governors and mayors, and invariably include retired officials. Such draft bills would be sent to

10010-619: The sovereignty of the emperor ensued, contributing to the great reduction in the Liberal Party 's majority in the first post-occupation elections (October 1952). After several reorganizations of the armed forces, in 1954 the Self-Defense Forces were established under a civilian director. Cold War realities and the hot war in nearby Korea also contributed significantly to the United States-influenced economic redevelopment,

10120-605: The state will not be recognized . The failure of the collective security of the League of Nations led to the realization that a universal system of security could only be effective if nations agreed to some limitation of their national sovereignty with regard to their right to belligerency, and if the Security Council which had been a "closed shop" during League of Nations times, would open itself up to UN Members who would cede constitutional powers in favor of collective security. Like

10230-617: The stationing of the United States Forces Japan based on the U.S.-Japan Security Treaty after the Allied occupation and the form of the Japanese Self-Defense Forces since 1954. Over the years, the meaning of Article 9 has been interpreted differently, because the United States now encourages Japan to control its own security and to join their military strategy more. The Liberal Democratic Party would like to see

10340-510: The then Prime Minister of Japan Shinzo Abe (Nobusuke Kishi's grandson) marked the 60th anniversary of the Japanese Constitution by calling for a "bold review" of the document to allow the country to take a larger role in global security and foster a revival of national pride. Aside from Abe's Liberal Democratic Party , as of 2012, the Japan Restoration Party , Democratic Party of Japan , People's New Party , and Your Party support

10450-415: The upper house in the following circumstances: Under the Constitution, at least one session of the Diet must be convened each year. Technically, only the House of Representatives is dissolved before an election. But, while the lower house is in dissolution, the House of Councillors is usually "closed". The Emperor both convokes the Diet and dissolves the House of Representatives but in doing so must act on

10560-481: Was a common name for an assembly in medieval European polities like the Holy Roman Empire . The Meiji Constitution was largely based on the form of constitutional monarchy found in nineteenth century Prussia that placed the king not as a servant of the state but rather the sole holder of power and sovereignty over his kingdom, which the Japanese view of their emperor and his role at the time favoured. The new Diet

10670-471: Was a momentous point in modern Japanese history. Just fifteen months before Nakasone's retirement, the LDP unexpectedly had won its largest majority ever in the House of Representatives by securing 304 out of the 512 seats. The government was faced with growing crises. Land prices were rapidly increasing due to the Japanese asset price bubble , inflation increased at the highest rate since 1975, unemployment reached

10780-498: Was clear that "the 11 September attacks led to increased U.S. demands for Japanese security cooperation". On October 29, 2001, the Anti-Terrorism Special Measures Law was passed, which "further broadened the definition of Japan's self-defense". The law allowed Japan to support the U.S. military on foreign territory. This law provoked "citizen groups [to] file lawsuits against the Japanese government in order to stop

10890-628: Was constitutional. The Japanese Communist Party considers the JSDF unconstitutional and has called for reorganization of Japanese defense policy to feature an armed militia. At present, the government interprets Article 9 to mean that Japan cannot possess offensive military weapons ; this has been interpreted to mean that Japan cannot have: This has not inhibited the deployment of: all of which have substantial, and multi-mission, combat potential. Offensive cyberwarfare operations has been ambiguous in nature and subjected to various interpretations. Since

11000-558: Was dismissed by the Grand Bench for lack of relevance. On 1 August 1952, a new National Safety Agency ( 保安庁 , Hoancho ) was formed to supervise the NPR and its maritime component. The new agency was directly headed by Prime Minister Shigeru Yoshida . Yoshida supported its constitutionality: although he stated in a 1952 Diet committee session that "to maintain war potential, even for the purpose of self-defense, [would] necessitate revision of

11110-629: Was followed closely in popularity by the Kōmeitō , founded in 1964 as the political arm of the Soka Gakkai (Value Creation Society), a lay former organization of the Buddhist sect Nichiren Shoshu . The Komeito emphasized traditional Japanese beliefs and attracted urban laborers, former rural residents, and many women. Like the Japan Socialist Party, it favoured the gradual modification and dissolution of

11220-487: Was limited to men 25 years or older. The House of Peers, much like the British House of Lords , consisted of high-ranking nobles chosen by the Emperor. The first election by universal suffrage without distinction of sex was held in 1946, but it was not until 1947, when the constitution for post-war Japan came into effect, that universal suffrage was established In Japan. The word diet derives from Latin and

11330-449: Was merely a pawn in his plans. Most recent research, however, has conclusively corroborated Shidehara's authorship. The House of Representatives amended the Article and added “Aspiring sincerely to an international peace based on justice and order,” to Paragraph 1 and “In order to accomplish the aim of the preceding paragraph,” to Paragraph 2. Hitoshi Ashida made this tenor. SCAP did not object to this amendment. Many scholars think

11440-574: Was mixed. China expressed a negative view of this reinterpretation, while the US, the Philippines , Vietnam , and Indonesia reacted positively. The government of South Korea did not oppose the reinterpretation, but noted that it would not approve of JSDF operations in and around the Korean peninsula without its request or approval, and called upon Japan to act in a way that would win the trust of neighboring states. In May 2017, Japanese Prime Minister Abe set

11550-577: Was modeled partly on the German Reichstag and partly on the British Westminster system . Unlike the post-war constitution, the Meiji constitution granted a real political role to the Emperor, although in practice the Emperor's powers were largely directed by a group of oligarchs called the genrō or elder statesmen. To become law or bill, a constitutional amendment had to have the assent of both

11660-540: Was organized by United States Army Col. Frank Kowalski (later a U.S. congressman) using Army surplus equipment. To avoid possible constitutional violations, military items were given civilian names: tanks, for instance, were named "special vehicles". Shigesaburo Suzuki, a leader of the Japan Socialist Party , brought suit in the Supreme Court of Japan to have the NPR declared unconstitutional: however, his case

11770-560: Was plagued by controversy and political tensions. The Prime Minister of Japan at that time was General Count Yamagata Aritomo , who entered into a confrontation with the legislative body over military funding. During this time, there were many critics of the army who derided the Meiji slogan of "rich country, strong military" as in effect producing a poor country (albeit with a strong military). They advocated for infrastructure projects and lower taxes instead and felt their interests were not being served by high levels of military spending. As

11880-412: Was replaced by a new minority government. LDP leadership was drawn from the elite who had seen Japan through the defeat and occupation; it attracted former bureaucrats , local politicians, businessmen, journalists, other professionals, farmers, and university graduates. In October 1955, socialist groups reunited under the Japan Socialist Party , which emerged as the second most powerful political force. It

11990-411: Was that failing to defend or support an ally would weaken alliances and endanger Japan. It is considered by some parties as illegitimate since the Prime Minister circumvented the constitutional amendment procedure, dictating a radical change to the meaning of fundamental principles in the Constitution by way of Cabinet fiat without Diet debate, vote, or public approval. International reaction to this move

12100-551: Was the right of every nation. The historical record, however, casts doubt on this revisionist interpretation. Soon after the adoption of the Constitution of Japan on 3 May 1947, the Chinese Civil War ended in victory for the Chinese Communist Party in 1949 and the establishment of the People's Republic of China (PRC). As a consequence, the United States was left without the Republic of China (ROC) on Mainland China as

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