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Full-Text Articles in Law
Constitution And Narrative In The Age Of Crisis In Japanese Politics, Keigo Komamura
Constitution And Narrative In The Age Of Crisis In Japanese Politics, Keigo Komamura
Washington International Law Journal
The most significant political issue facing the legal world in Japan is the drive for constitutional revision led by Prime Minister Shinzo Abe and his Liberal Democratic Party (LDP). This paper situates the revisionist movement within the context of postwar Japanese politics before drawing on theoretical literature in critical legal studies to analyze the LDP’s draft constituion to reveal the magnitude of the proposed changes and to assess the risk they pose to the rule of law in Japan. The paper argues that the proposed draft constitution eschews the languages of the current constitution like “a universal principle of mankind”, …
Interpretation Of The Pacifist Article Of The Constitution By The Bureau Of Cabinet Legislation: A New Source Of Constitutional Law?, Hajime Yamamoto
Interpretation Of The Pacifist Article Of The Constitution By The Bureau Of Cabinet Legislation: A New Source Of Constitutional Law?, Hajime Yamamoto
Washington International Law Journal
This article analyzes recent change of Japanese governmental interpretation of Article 9 of the Constitution of Japan concerning the right of collective self-defense. This governmental interpretation of Article 9 has been elaborated by the Bureau of Cabinet Legislation. This article criticizes a recent critique of this situation by main stream Japanese constitutional scholars as “crisis of constitutionalism”.
Garbage Day: Will Italy Finally Take Out Its Trash In The Land Of Fires?, Jason A. Slaybaugh
Garbage Day: Will Italy Finally Take Out Its Trash In The Land Of Fires?, Jason A. Slaybaugh
Washington International Law Journal
The illegal dumping and burning of waste and toxic waste in southern Italy has caused such immense environmental damage that the disaster is now known as “Italy’s Chernobyl”. In early 2014, the Italian Senate passed the Land of Fires Decree, a sweeping new law aimed at solving a problem that Italy has historically failed to adequately address. Despite the broad grants of power and the new crime created, the lack of political will renders these new tools useless and means little will likely change. Italy can no longer put this fire out by itself. As such, Italy should look to …
A Review Of Who Rules Japan?: Popular Participation In The Japanese Legal Process, Daniel H. Foote
A Review Of Who Rules Japan?: Popular Participation In The Japanese Legal Process, Daniel H. Foote
Washington International Law Journal
Who Rules Japan? is a valuable addition to the literature on Japanese law. Seven substantive chapters explore important recent developments in a wide range of fields. The ten authors—including leading experts in criminal justice, labor law and other fields—all are highly qualified and all have undertaken extensive research. Each of the chapters breaks new ground; and collectively they provide a wealth of new information, new methodological approaches, and new theoretical insights. To summarize briefly, Leon Wolff, Luke Nottage, and Kent Anderson (who also served as editors for the entire volume) begin the book with a thoughtful Preface and Introduction (Chapter …