Transcending law
Subtitle: the unintended life of Article 9 of the Japanese Constitution
By: Kenneth L. Port.
Publisher: Carolina Academic Press
Published: 2010
Place of publication: Durham, N.C
Language: eng
Number of pages: 278
ISBN-13: 9781594607493
Subjects: Japan; Renunciation of war -- Japan; Japan -- Defenses -- Law and legislation
Description: "Japan has the fourth largest military in the world by dollars spent, yet according to the English version of Article 9 of the Japanese Constitution - crafted following World War II, with U.S. influence - Japan is prevented from re-arming and is committed to pacifism." "This "great contradiction" has existed for over 60 years. In this book, Japanese law scholar Kenneth Port resolves the "great contradiction" for the first time by clarifying and dissecting the issue and concluding that interpreting the two versions comes down to what language you read." "As a result of the different language versions of Article 9, various political parties, entities, and even individuals have joined this debate to give their interpretations. However, the only entity that has remained on the sidelines during this 60-year debate has been the Supreme Court of Japan. Thoroughly and objectively, Port explains all viewpoints of this complicated topic and argues that with Japan's move toward constitutional reform it is time for the Supreme Court of Japan to be heard." --Book Jacket.
Notes: Includes bibliographical references and index.
Table of contents: title: Context; title: History of Article 9; title: Two competing meanings of article 9; title: The history and status of Japan's "self-defense forces"; title: Examples of the absurd; title: The Supreme Court's (non)jurisprudence of Article 9; title: The comparative data on the size of the Japanese SDF; title: The debate over the rule of law and Article 9; title: The various "stories" of Article 9; title: Opinion surveys regarding Article 9; title: Japan as a partner in the war on terror.