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Reinterpreting Article 9 Of Japanese Constitutional Law From The International Law Perspective, Hiroshi Saito

Japanese Society and Culture

This essay aims to demonstrate that the right of collective self-defense complements that of individual self-defense. Moreover, by exercising both rights of self-defense together, the ideals of the United Nations (UN) Charter and Japanese constitutional law can be implemented as stipulated.

However, this essay focuses on ensuring better consistency with the present time (synchronicity) rather than historical facts (historicity). Additionally, I have cited cases wherein the ideas and theories presented are controversial in academic circles. I cannot discuss them individually in this essay owing to space limitations, but I will consider them in a future opportunity. Finally, I would like …

A Recent Case Concerning Article 9 Of The Japanese Constitution, In Which Plaintffs’ Allegations Were Denied On The Basis Of Lack Of Violation Of Legally Protected Rights Were Not Violated, Thomas Makoto Naruse

Japanese Society and Culture

This note introduces a case in Tokyo district court. In which case, plaintiffs alleged actions of cabinet and legislature were against Constitution. Plaintiffs claimed their rights (right to live in peace, personality rights, etc.). However, the court denied plaintiffs claim, because plaintiffs legally protected rights were not infringed. In the course of the judgment, the courts’ view on judicial power is shown. This note introduce the case from the perspective of elements of judicial power, especially requirement of concreteness of rights.