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Controversy, Consensus, And The Concept Of Discrimination, George Rutherglen

Saint Louis University Law Journal

No abstract provided.

Hegemony: Consensus, Coercion And Culture, Kylie Smith

Faculty of Law, Humanities and the Arts - Papers (Archive)

Since the publication of the Italian Communist Antonio Gramsci's Prison Notebooks in English in the 1970s, hegemony is a concept which has been employed by many scholars, notably in Australia by Bob Connell, Terry Irving and Mike Donaldson. Recently, hegemony has become a popular word, used mainly to describe the state of international relations in the world today. In this context it is usually synonymous with descriptions of the alleged US supremacy. It is also a term that appears frequently in Cultural Studies, but usually devoid of any political, specifically class, context.

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Article 9 Of The Constitution Of Japan And The Use Of Procedural And Substantive Heuristics For Consensus, Mark A. Chinen

Michigan Journal of International Law

This Article’s purpose is to examine the revision debates through the lens of recent scholarship on constitutional decisionmaking to see what lessons might be drawn about constitutionalism in Japan and elsewhere. In Part I, the author discusses Article 9's text and interpretation and focus on three controversies: first, Japan's ability to use force to defend itself and the related issue of the constitutionality of the Japan Self Defense Force (SDF); second, Japan's ability to engage in collective self-defense, which impacts the state's security relationship with the United States under the U.S.-Japan Mutual Security Agreement; and finally, Japan's ability to participate …