Article 9 of the Constitution of Japan and the Use of Procedural and Substantive Heuristics for Consensus

Authors

Mark A. Chinen, Seattle University School of LawFollow

Abstract

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 in United Nations peacekeeping operations.

Recommended Citation

Mark A. Chinen, Article 9 of the Constitution of Japan and the Use of Procedural and Substantive Heuristics for Consensus, 27 Mich. J. Int'l L. 55 (2005).
Available at: https://repository.law.umich.edu/mjil/vol27/iss1/2