Japanese constitutionalism
by Antonios Maniatis
International Journal of Human Rights and Constitutional Studies (IJHRCS), Vol. 11, No. 3, 2024

Abstract: The 1889 version of the Japanese constitution consecrated a liberal monarchy whilst in the period of 'Taisho democracy' Japan enjoyed record breaking prosperity. The 1946 version of the constitution introduces parliamentary democracy and guarantees the rights of 'the people', with the addition of the world-leading right to pursuit of happiness. Democracy was established as a partly altered principle, but later in comparative law it has been promoted inter alia through its explicit constitutional combination with constitutionalism. MacArthur's plans turned from demilitarisation and democratisation, being mainstreaming axes of the postwar Japanese constitution, to re-militarisation and economic stabilisation. Japan achieved those goals, along with a miraculous economic growth, notable for the democratisation of consumption of manufactured goods, such as watches, worldwide. Prosperity and democracy are terms being inexistent in both versions of the constitution, which refer to diachronically interconnected goods. Democracy should neither be overshadowed by prosperity nor undermined by corruption.

Online publication date: Fri, 05-Jul-2024

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