A role of “constitutionalism“ in the recent constitutional debates on Article 9 (the “pacifism“ clause) in Japan

The paper aims to explore a role of the concept of “constitutionalism“ in the recent constitutional debates concerning the re‐interpretation and amendment of the Constitution of Japan (particularly Article 9 which has been cherished as a ‘pacifism‘ clause by the Japanese people since itspromulgation) by shedding light on two intertwining elements of constitutionalism: one works...

Panel 80, TUESDAY JUNE 26 2018 11:00 AM - 12:30 PM

Authoritarian Constitutionalism in Japan?

Historically speaking, in the late 19th century, the national goal was to reorganize a typically feudalistic Japan into a modern nation‐state comparable to western developed countries of that time. It was accomplished in its own way through a modernization of Japanese political, economic and social structures and through an introduction of western constitutionalism to Japanese...

Panel 80, TUESDAY JUNE 26 2018 11:00 AM - 12:30 PM

Cosmopolitanizing engagement of the South Korean Constitutional Court

Rights practices in South Korea are cosmopolitanizing and have rich implications for the future of Global Constitutionalism, for its further development as a truly global project. Not having a regional human rights system, but with active participation by global-minded rights-holders, the South Korean Constitutional Court serves as a venue where international human rights law interacts...

Panel 80, TUESDAY JUNE 26 2018 11:00 AM - 12:30 PM