<Article>Pacifism in the Constitution of Japan and Strategies of National Security

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  • <論文>日本国憲法の平和主義と、安全保障戦略
  • 日本国憲法の平和主義と、安全保障戦略
  • ニホンコク ケンポウ ノ ヘイワ シュギ ト 、 アンゼン ホショウ センリャク

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Abstract

Clause 2, Article 9 of the Constitution of Japan is a Programmvorschrift (program rule) enacted under the condition that collective security is fully effective according to its legislative intent. We find such interpretation in the formation process of GHQ (General Headquarters) draft based on MacArthur’s intent, replies of then-Prime Minister Yoshida and the process of the Ashida Amendment in the Diet. Unfortunately, the condition disappeared completely and the legislative intent was concealed with the intensification of the Cold War. Toshiyoshi Miyazawa proposed a legal principle suitable to the legislative intent for the first time and suppressed it later on against his will. The controversy concerning Article 9 and disarmament illustrated a confrontation between rational choice solutions based on different expectations about the response of the former Soviet Union. Rather than debate as to whether Article 9 should be considered as an absolute norm, there was a consensus that Article 9 could be newly interpreted and revised according to situational changes. But after the Cold War, opinions supporting Article 9 became dogmatic and inflexible. We should regard the establishment of collective security, to which the preamble of the Constitution refers, as an ultimate goal and treat Article 9 flexibly.

Journal

  • 国際日本研究

    国際日本研究 7 1-25, 2015-03-02

    Master's and Doctoral Program in International and Advanced Japanese Studies, Graduate School of Humanities and Social Sciences, University of Tsukuba

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