The successful case of the Japanese Constitution, its history and its implications: will the US–imposed constitution continue to endure?

Cappellani, Rachele (A.A. 2023/2024) The successful case of the Japanese Constitution, its history and its implications: will the US–imposed constitution continue to endure? Tesi di Laurea in Comparative public law, Luiss Guido Carli, relatore Cristina Fasone, pp. 179. [Master's Degree Thesis]

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Abstract/Index

Between constitutional transplants and constitutional imposition. What are constitutional transplants? Constitution making under occupation. Imposed constitutions. Constitutional amendability. Japan’s post-war constitution making process. The occupation of Japan. Japanese constitutional attempts. The Americans take over. Constitutional ratification of summer 1946 redefining SCAP’s draft. Results and implications of the US-“imposed” constitution. Contested implementation of the 1947 constitution. The issue of article 9 and the protection of human rights: a political and judicial perspective. The impact of popular perception of the constitutional debate. Contested imposition and the threat of revisionism. Constitutional imposition: a fallacious narrative. Eternal threads: article 96 and constitutional longevity. Japanese revisionism: endurance faces the people.

References

Bibliografia: pp. 154-174.

Thesis Type: Master's Degree Thesis
Institution: Luiss Guido Carli
Degree Program: Master's Degree Programs > Master's Degree Program in International Relations (LM-52)
Chair: Comparative public law
Thesis Supervisor: Fasone, Cristina
Thesis Co-Supervisor: Menegazzi, Silvia
Academic Year: 2023/2024
Session: Autumn
Deposited by: Alessandro Perfetti
Date Deposited: 06 May 2025 13:06
Last Modified: 06 May 2025 13:06
URI: https://tesi.luiss.it/id/eprint/41971

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